Robertson, Jr v. U.S Federal Goverment et al

Filing 31

District Judge Leo T. Sorokin: ORDER entered in re 17 Motion to Dismiss. (Danieli, Chris)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

JAMES M. ROBERTSON,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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Civil No. 15-10432-LTS

ORDER ON DEFENDANT’S MOTION TO
DISMISS FOR FAILURE TO STATE A CLAIM (DOC. NO. 17)
May 17, 2016
SOROKIN, J.
Defendant the United States Federal Government (“The United States”) has moved to
dismiss this case, asserting that Plaintiff James M. Robertson (“Mr. Robertson”) has not yet—as
he must before coming to this Court—exhausted his administrative remedies by filing a request
with the Army Board for the Correction of Military Records (“Army Board”) to adjust his
service records to reflect his correct entry and exit dates. Doc. No. 17. The Court granted Mr.
Robertson until April 30, 2016 to supplement his papers before the Court with evidence of a
filing with, and decision by, the Army Board. Doc. No. 21. On April 28, 2016, Mr. Robertson
submitted an Application for Correction of Military Record which he appears to have filed with
the Army Board on April 3, 2016. Doc. No. 30. While evidence of Mr. Robertson’s attempt to
exhaust his administrative remedies, this filing does not show that he has exhausted them.
Accordingly, the Court DISMISSES WITHOUT PREJUDICE this action for failure to exhaust
administrative remedies. See Navas v. Gonzalez Vales, 752 F.2d 765, 769 (1st Cir. 1985).

Nothing in this dismissal prevents Mr. Robertson from continuing to proceed before the Army
Board and, if unhappy with the Army Board’s decision, then filing for review of that decision in
this Court. The Clerk shall mail this Order to Mr. Robertson.

SO ORDERED.

/s/ Leo T. Sorokin
Leo T. Sorokin
United States District Judge

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