York v. Social Security Administration

Filing 22

ORDER granting 16 Motion to Dismiss for Failure to State a Claim; granting 16 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge James C. Dever III on 10/12/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:17-CV-23-D

WILLIAM C. YORK,

Plaintiff,

v.

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)
)
)

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ORDER

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SOCIAL SECURITY ADMINISTRATION, )
)
Defendant.
)

On August 24, 2017, defendant moved to dismiss [D .E. 16] plaintiffs pro se complaint and
filed a memorandum in support [D.E. 17]. See Fed. R. Civ. P. 12(b)(1), (6). On September 11,
2017, plaintiff responded in opposition [D.E. 20].
This court lacks subject-matter jurisdiction over plaintiffs claim under the Federal Tort
Claims Act. See [D.E. 17] 6-8. Moreover, to the extent plaintiff seeks relief under 42 U.S.C. § 405,
plaintiff has failed to exhaust his administrative remedies. See id. at 8-12. Thus, the court
GRANTS defendants' motion to dismiss [D.E. 16] and DISMISSES the complaint without
prejudice.
SO ORDERED. This...!!._ day of October 2017.