Wilson v. United States Postal Service et al

Filing 6

ORDER AND REASONS granting 5 Motion to Dismiss for Lack of Jurisdiction. This matter is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Signed by Judge Jane Triche Milazzo. (Attachments: # 1 Letter from Counsel) (ecm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

JERMON WILSON

CIVIL ACTION

VERSUS

NO. 14-1076

UNITED STATES POSTAL SERVICE

SECTION "H"(5)

ORDER
Before the Court is Defendant's Motion to Dismiss for Lack of Subject
Matter Jurisdiction. Plaintiff, Jermon Wilson, filed a petition against the United
States Postal Service (USPS) in the Civil District Court for the Parish of
Orleans. After removing this action to federal court, Defendant argues that
pursuant to the Federal Tort Claims Act (FTCA) the proper party in this action
is the United States of America. Defendant has also moved to dismiss this
action for lack of subject matter jurisdiction on the grounds that Plaintiff did not
exhaust his administrative remedies with the USPS prior to filing his suit in
state court. Pursuant to the attached letter from Plaintiff's counsel, Plaintiff
1

expressly declined to oppose Defendant's Motion to Dismiss.
This Court agrees with Defendant. The FTCA requires that plaintiffs
seeking recovery under the Act submit an administrative claim to the relevant
federal agency prior to filing suit.1

Because Plaintiff did not file an

administrative claim with the USPS prior to filing this suit, this Court lacks
subject matter jurisdiction to hear the action.2 Therefore, the Court is bound to
dismiss this matter without prejudice. Plaintiffs are free to re-file this suit
following adjudication of the administrative claim.
Accordingly;
IT IS ORDERED that the Motion to Dismiss (Doc. 8) is GRANTED and
this matter is DISMISSED WITHOUT PREJUDICE for lack of subject matter
jurisdiction.

New Orleans, Louisiana, this 5th day of November, 2014.

___________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE

1

28 U.S.C. § 2675(a).

2

Gregory v. Mitchell, 634 F.2d 199, 203–04 (5th Cir. 1981).

2