Opinion
Civil No. - JFM-12-2982
01-31-2013
UNITED STATES OF AMERICA v. EDWARD BOWSER, III
MEMORANDUM
Defendant has filed a motion to dismiss for lack of subject matter jurisdiction.
Mizrach v. United States, 2012 WL 414806 (D. Md. Feb. 7, 2012) is directly on point. I agree with the reasoning of Mizrach. 28 U.S.C. § 2401(b) is not simply a statute of limitations. Rather, it is a limited waiver of sovereign immunity. Because plaintiff did not file suit within 180 days of the denial of the administrative claim, the United States has not waived its sovereign immunity, and this court lacks subject matter jurisdiction over this action.
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J. Frederick Motz
United States District Judge