Felicia Braden v. U S Postal Service et al.

Summary

The magistrate judge recommends granting the United States’ Rule 12(b)(1) motion and dismissing the action without prejudice for lack of subject matter jurisdiction. The recommendation concludes that Felicia Braden filed her Federal Tort Claims Act action before six months had elapsed from the United States Postal Service’s receipt of her administrative claim, so the FTCA’s presentment and exhaustion requirements were not satisfied.

Holdings

1. The court lacks subject matter jurisdiction because plaintiff filed suit prematurely, before exhausting administrative remedies as required by 28 U.S.C. § 2675(a).

Questions Presented

1. Whether the court has subject matter jurisdiction over plaintiff's Federal Tort Claims Act claim when plaintiff filed suit less than six months after the agency received her administrative claim

Disposition

dismissed