HIGHTOWER v. FLETCHER et al

Filing 7

ORDER granting 2 Motion to Dismiss Complaint. Ordered by Judge Clay D. Land on 11/28/2012.(aaf)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
MARY R. HIGHTOWER,

*

Plaintiff,

*

vs.

*
CASE NO. 4:12-CV-287 (CDL)

DR. SOYINI FLETCHER and VALLEY *
HEALTHCARE SYSTEM, INC.,
*
Defendants.
*
O R D E R
Defendants removed this action to federal court contending
that the United States should be substituted as the Defendant
and that the action should then be dismissed for lack of subject
matter

jurisdiction.

Defendants

have

established

that

Plaintiff’s claims must be brought pursuant to the Federal Tort
Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq.
United States is substituted for the Defendants.
§

2679(b)(1)

(providing

that

the

United

States

Therefore, the
See 28 U.S.C.
is

the

only

evidence

that

proper FTCA defendant).
Moreover,
Plaintiff

has

the

United

failed

to

States

has

exhaust

her

presented

administrative

remedies

under the FTCA, and Plaintiff has not rebutted that evidence.
The FTCA requires a plaintiff to exhaust administrative remedies
as a jurisdictional prerequisite to the filing of an action
under the FTCA, and the plaintiff bears the burden of proof with

regard

to

Okeechobee

exhaustion.
Hosp.,

Accordingly,

283

28
F.3d

Defendant’s

U.S.C.
1232,

Motion

to

§

2675(a);

1236-37
Dismiss

(11th
(ECF

Barnett
Cir.
No.

v.

2002).
2)

is

granted, and this action is dismissed for lack of subject matter
jurisdiction.

IT IS SO ORDERED, this 28th day of November, 2012.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

2