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)

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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

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