Huertas-Bauza v. Fournier-Gonzalez et al

Filing 9

ORDER: Granting 8 Motion to Dismiss. Signed by Judge Gustavo A. Gelpi on 8/1/2013. (TC)

1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

2
3

RICARDO JOSE HUERTAS BAUZA,,

4

Plaintiff,

5

v.

6

OSCAR P. FOURNIER GONZALEZ,

7

Defendant.

Civil No. 13-1254 (GAG)

8

MEMORANDUM OPINION AND ORDER

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

On October 5, 2012, Ricardo Huertas Bauza (“Plaintiff”) filed this motion against Oscar
Fournier Gonzalez (“Fournier”) and Universal Insurance Company (collectively “Defendants”) in
the Court of First Instance. (Docket No. 7-1.) Plaintiff claimed Fournier negligently operated his
vehicle in a manner that caused a collision with Plaintiff’s vehicle. (See id. at 1.) On March 27,
2013, Defendants removed the case to federal court citing the court’s exclusive jurisdiction to
adjudicate claims arising under the Federal Torts Claims Act (“FTCA”), 28 U.S.C. 1346(b). On
May 16, 2013, Defendants filed a motion to dismiss claiming Plaintiff failed name the United States
as the defendant and to exhaust his administrative remedies. (See Docket No. 8.) Plaintiff never
responded to the motion. Accordingly, the court GRANTS Defendants motion to dismiss.
I.

Discussion
The FTCA is the exclusive remedy for a plaintiff to sue the government or an employee of

the government for tortious actions. 28 U.S.C. § 1346(b)(1). The proper defendant in a suit under
the FTCA is the United States. See 28 U.S.C. § 2679; Nieves-Romero v. U.S., 715 F.3d 375, 378
(1st Cir. 2013). Claims against government agencies or employees are improperly brought under
the FTCA and must be dismissed. See McCloskey v. Mueller, 446 F.3d 262, 266 (1st Cir. 2006).
Additionally, a plaintiff alleging violations of the FTCA must exhaust all available administrative
remedies. See 28 U.S.C. § 2675(a); Ortiz-Lebron v. U.S., Civil No. 10-1513 (SEC), 2012 WL
6552782, at *4 (Dec. 14, 2012). “Exhaustion of administrative remedies is a jurisdictional,
non-waivable prerequisite to the prosecution of a FTCA claim.” Id. (citing Santiago–Ramirez v.

Civil No. 13-1325 (GAG)
1

Sec’y of Dept. of Def., 984 F.2d 16, 8 (1st Cir.1993)).

2

Plaintiff has presented no argument that he has exhausted his administrative remedies.

3

Similarly, Plaintiff has not communicated with the court his desire to amend his complaint to sue

4

the United States as required. Therefore, the court must GRANT Defendants’ motion to dismiss

5

and DISMISSES Plaintiff’s claims without prejudice.

6
7

SO ORDERED.

8

In San Juan, Puerto Rico this 1st day of August 2013.
s/Gustavo A. Gelpí

9
10

GUSTAVO A. GELPI
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2