Pruitt et al v. Heard et al
MEMORANDUM OPINION re 32 Order on Motion to Dismiss/Lack of Jurisdiction. Signed by Magistrate Judge David A. Sanders on 10/9/14. (def)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
HENRY L. PRUITT and
CIVIL ACTION NO.1:14CV38-DAS
UNITED STATES OF AMERICA
The defendant has moved to dismiss this action as to the plaintiff, Sheryl Dilworth. This
action was brought pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. The
defendant argues this court lacks jurisdiction to entertain this claim because Dilworth has failed
to exhaust her administrative remedies, and the sovereign immunity of the United States has
therefore not been waived. Anyone wishing to pursue a tort claim against the United States must
first present a claim to the appropriate agency and exhaust all administrative remedies. 28 U.S.C
§ 2675 (a). The United States has submitted an affidavit from the individual responsible for
receiving, maintaining and processing accident claims for the subject accident. The affidavit
states that a search was made of the agency records and no claim by Dilworth was found.
Dilworth has filed no response and has not produced any evidence to show that she filed a claim
prior to suit.
If a party fails to strictly comply with the terms of the Federal Torts Claim Act, the
sovereign immunity of the United States is not waived and this court lacks jurisdiction. U.S. v.
Mitchell, 445 U.S. 535, 538 (1980). The court being satisfied that Dilworth failed to exhaust her
administrative remedies finds that it lacks subject matter jurisdiction over the claim set out by
Dilworth. This action, as to Sheryl Dilworth, must be dismissed for lack of jurisdiction.
SO ORDERED AND ADJUDGED this the 9th day of October, 2014.
/s/ David A. Sanders
UNITED STATES MAGISTRATE JUDGE
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