Hamilton v. USA et al

Filing 49

ORDER adopting the 39 Recommendation and overruling 48 Objections. 32 Motion to dismiss is granted. Hamilton's FTCA claim is dismissed without prejudice for failure to exhaust. Signed by Judge D. P. Marshall Jr. on 12/12/2017. (jak)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
TONY L. HAMILTON
Reg #12422-017
v.

PLAINTIFF
No. 2:17-cv-22-DPM-JTK

USA; and K. BRISTER, Officer,
Individually and in official capacities

DEFENDANTS

ORDER
1. On de nova review, the Court adopts the recommendation, Ng 39, and

overrules Hamilton's objections, Ng 48. FED. R. Crv. P. 72(b)(3). Contrary to
what his objection says, Hamilton did request money damages in his
complaint. Ng 2 at 12. Further, the statute required Hamilton to present his
claim to the Bureau - not his Senator- and have it finally denied in writing
before bringing suit. 28 U.S.C. § 2675(a); Ng 48 at 7-8. It doesn't appear that
happened here. Finally, Hamilton's 1 November 2017 submission doesn't
save his FTCA claim. Ng 48 at 9-10. Hamilton had to present his claim before
filing this lawsuit in February, not after. 28 U.S.C. § 2675(a).
2. The United States' motion to dismiss, Ng 32, is granted. Hamilton's

FTCA claim is dismissed without prejudice for failure to exhaust.
So Ordered.
D.P. Marshall Jr. t-'
United States District Judge