BLOODWORTH v. UNITED STATES DEPARTMENT OF JUSTICE et al

Filing 28

ORDER GRANTING 24 Motion to Dismiss for Failure to State a Claim. Ordered by Judge Marc Thomas Treadwell on 8/10/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

EDWARD LAMAR BLOODWORTH,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
JUSTICE, EXECUTIVE OFFICE OF
IMMIGRATION REVIEW, IMMIGRATION
AND CUSTOMS ENFORCEMENT, and
ATLANTA IMMIGRATION COURT,
Defendants.

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CIVIL ACTION NO. 5:12-CV-20 (MTT)

ORDER 

This matter is before the Court on the Defendants’ Motion to Dismiss. (Doc. 24).

The Plaintiff concedes that he did not file an administrative claim, which is a prerequisite
to a Federal Tort Claims Act action. See 28 U.S.C. § 2675(a) (An action shall not be
instituted upon a claim against the United States for money damages …, unless the
claimant shall have first presented the claim to the appropriate Federal agency and his
claim shall have been finally denied by the agency in writing and sent by certified or
registered mail.”) (emphasis added). This is not to say the Plaintiff’s claim lacks merit;
this Order means this action is administratively barred. The Motion is GRANTED and
this action is DISMISSED without prejudice.
SO ORDERED, this 10th day of August, 2012.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT