Davis v. Johnson

Filing 26

ORDER approving and adopting 20 Report and Recommendations and GRANTING 3 Motion to Dismiss. All remaining motions are DENIED. The Plaintiff has 14 days from the date of this Order to file an amended complaint setting forth specific facts that would give the Court jurisdiction under the Little Tucker Act. Signed by Judge Thomas W. Thrash, Jr on 6/15/16. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JAMES C. DAVIS,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:15-CV-4137-TWT

JEH JOHNSON
Secretary, Department of Homeland
Security,
Defendant.

ORDER

This is an FLSA action seeking overtime pay and law enforcement officer
retirement benefits. It is before the Court on the Report and Recommendation [Doc.
20] recommending that the Government’s Motion to Dismiss [Doc. 3] be granted. For
the reason set forth in the thorough and well-reasoned Report and Recommendation,
the pro se Plaintiff may not pursue this action as an FLSA collective action or as a
class action. The Court lacks subject matter jurisdiction under the Federal Tort Claims
Act for failure to exhaust administrative remedies. Any claim for retirement benefits
must be filed in the Federal Circuit. The Title VII claim should be dismissed for
failure to state a claim.

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The Court approves and adopts the Report and

Recommendation as the judgment of the Court. The Government’s Motion to Dismiss
[Doc. 3] is GRANTED. The Plaintiff has 14 days from the date of this Order to file
an amended complaint setting forth specific facts that would give the Court
jurisdiction under the Little Tucker Act. All remaining motions are DENIED.
SO ORDERED, this 15 day of June, 2016.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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