Opinion
Civil Action No. 11 1538
08-26-2011
Dawn Norman, Plaintiff, v. United States et al., Defendants.
MEMORANDUM OPINION
This matter is before the Court on its review of plaintiff's pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring dismissal of an action "at any time" the Court determines that it lacks subject matter jurisdiction).
Plaintiff is a resident of Richmond, Virginia, suing the United States and its agencies for $175 million in damages. A claim for monetary damages against the United States is cognizable under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671 et seq. Such a claim is maintainable, however, only after the plaintiff has exhausted administrative remedies by "first present[ing] the claim to the appropriate Federal agency. . . ." 28 U.S.C. § 2675. This exhaustion requirement is jurisdictional. See GAF Corp. v. United States, 818 F.2d 901, 917-20 (D.C. Cir. 1987); Jackson v. United States, 730 F.2d 808, 809 (D.C. Cir. 1984); Stokes v. U.S. Postal Service, 937 F. Supp. 11,14 (D.D.C. 1996). The plaintiff has not indicated that she exhausted her administrative remedies under the FTCA. Therefore, the complaint will be dismissed. See Abdurrahman v. Engstrom, 168 Fed.Appx. 445, 445 (D.C. Cir. 2005) (per curiam) ("[T]he district court properly dismissed case [based on unexhausted FTCA claim] for lack of subject matter jurisdiction."). A separate Order accompanies this Memorandum Opinion.
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United States District Judge