Baynes v. Tuscaloosa County Jail
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 11/6/2017. (JLC)
2017 Nov-06 AM 09:41
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA,
Civil Action Number
On October 3, 2017, Defendant United States of America filed a motion to
dismiss the Plaintiff’s medical malpractice claims against Dr. Gary Walton and Dr.
Phillip Bobo for lack of subject-matter jurisdiction. Docs. 21 at 1; 22 at 2. The
motion is supported by the declaration of Meredith Torres, “a Senior Attorney in
the General Law Division, Office of the General Counsel, Department of Health
and Human Services (the ‘Department’).” Doc. 23. Ms. Torres attests the
Department’s Claims Branch computerized database contains “no record of any
administrative tort claim filed by Hershel Springfield Baynes or an authorized
representative relating to Whatley Health Services, Inc., Phillip Bobo, M.D. and/or
Gary Walton, D.O.” Id. at 2.
On October 6, 2017, the magistrate judge ordered the Plaintiff to show cause
why this action should not be dismissed for lack of subject-matter jurisdiction.
Doc. 21. The Plaintiff was advised that failure to respond to the order within
twenty days would result in dismissal of this action without further notice. Id. at 2.
On November 3, 2017, the Plaintiff filed a response. Doc. 25. The response
does not allege that the Plaintiff filed an administrative tort claim as required by 28
U.S.C. § 2675(a). Id. Accordingly, the court is without jurisdiction to hear the case.
Having carefully reviewed and considered de novo all the materials in the court
file, the court EXPRESSLY finds the plaintiff has failed to establish the court has
jurisdiction over this action. Accordingly, the defendant’s motion to dismiss is
GRANTED, and this action is due to be dismissed for lack of subject-matter
jurisdiction. The case will be DISMISSED WITHOUT PREJUDICE by a
DONE the 6th day of November, 2017.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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