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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1_/ 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. ) ) ) ) ) ORDER ) 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. ยง 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.

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