Harbin v. Alumbaugh

Filing 13

ORDER granting 10 Motion to Dismiss for Lack of Jurisdiction. This action is dismissed for lack of subject matter jurisdiction. Signed by Judge J. Leon Holmes on 8/13/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
BRADLEY HARBIN
v.

PLAINTIFF
NO. 2:15CV00090 JLH

UNITED STATES OF AMERICA

DEFENDANT
ORDER

On July 24, 2015, the United States of America filed a motion to dismiss this action for lack
of subject matter jurisdiction. The declaration of Meredith Torres established that Bradley Harbin
has not presented his claim to the appropriate federal agency, which in this instance would be the
Department of Veterans Affairs, before filing suit. He has therefore failed to exhaust his
administrative remedies. Consequently, the United States is immune from suit. The motion to
dismiss is GRANTED. Document #10. This action is dismissed for lack of subject matter
jurisdiction.
IT IS SO ORDERED this 13th day of August, 2015.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE