Isais v. Unicor
ORDER granting 14 Motion to Dismiss. Signed by Judge Susan Webber Wright on 6/16/2014. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ROGELIO HERRERA ISAIS,
No. 4:13CV00666 SWW
Before the Court is defendant’s motion to dismiss to which plaintiff failed to timely respond.1
The motion is granted.
Plaintiff filed this complaint pro se seeking damages for an injury he suffered which working
for the Federal Prison Industries at FCC Forrest City in 2002. He filed a lawsuit in 2006 against the
Federal Bureau of Prisons based on the same injury and the parties settled the case. According to the
terms of the settlement agreement, plaintiff was to file a claim through the Inmate Compensation
Program approximately 45 days before his release date, which was projected to be in 2011. Plaintiff
filed a claim on September 9, 2011, and the claim was denied on February 24, 2012. Apparently, the
final determination was never mailed to plaintiff because the Federal Bureau of Prisons did not have
a forwarding address.
By Order dated January 6, 2014, the Court notified plaintiff that he is required to be familiar and
comply with the Federal Rules of Civil Procedure as well as the Local Rules of this Court. The Local Rules
provide that a party opposing a motion must file a response within fourteen days from the date of service of
a copy of the motion. See Local Rule 7.2(b). The government sent a copy of the motion to plaintiff on May
16, 2014, by U.S. Mail. Allowing three (3) days for mailing, plaintiff’s response to the motion was due on
June 2, 2014.
The government moves for dismissal pursuant to Fed.R.Civ.P. 12(b)(1) on the basis that the
exclusive remedy for inmates who are injured while working at a federal institution is the Inmate
Accident Compensation Act. See 18 U.S.C. § 4126(c) ; U.S. v. Demko, 385 U.S. 149, 151-152
(1966); Smith v. United States, 561 F. 3d 1090, 1099 (10th Cir. 2009); Paschal v. United States,
302 F. 3d 768, 769 (7th Cir. 2002).
The Court finds the motion to dismiss [ECF No. 14] should be and is hereby granted.
Plaintiff’s complaint is dismissed.
SO ORDERED this 16th day of June, 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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