James v. U.S.

Full title: RITA JAMES, INDIVIDUALLY AND AS REPRESENTATIVE OF THE WRONGFUL DEATH HEIRS…

Court: United States District Court, N.D. Mississippi, Western Division

Date published: Jul 13, 2006

Civil Action No. 3:05CV72-P-A (N.D. Miss. Jul. 13, 2006)

Opinion

Civil Action No. 3:05CV72-P-A.

July 13, 2006

ORDER

W. PEPPER JR., District Judge

This matter comes before the court upon The United States of America's Motion to Dismiss [6-1]. After due consideration of the motion and the responses filed thereto, the court finds as follows, to-wit:

It is undisputed that the instant action, filed on June 15, 2005, was filed before the Department of Veterans Affairs either informed the plaintiff of the administrative disposition of her claim or before the expiration of six months after the plaintiff initially filed her claim with the VA. The plaintiff did not comply with 28 U.S.C. §§ 2401 and 2675 with the filing of the instant complaint; therefore, this court has no subject matter jurisdiction. Reynolds v. United States, 748 F.2d 291, 292 (5^th Cir. 1984).

IT IS THEREFORE ORDERED AND ADJUDGED that:

(1) The United States of America's Motion to Dismiss [6-1] is GRANTED; therefore,

(2) Since this court has no subject matter jurisdiction over this case, it is hereby DISMISSED WITHOUT PREJUDICE; and

(3) This case is CLOSED.

SO ORDERED.