Santiago v. United States
Santiago v. United States
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 23-CV-80459-ROSENBERG CAMERON SANTIAGO, Plaintiff, V. UNITED STATES OF AMERICA, Defendant. / ORDER GRANTING THE DEFENDANT’S MOTION TO DISMISS THIS CAUSE is before the Court on the Defendant’s Motion to Dismiss at docket entry 31. The Motion has been fully briefed. For the reasons set forth below, the Motion is granted. The Plaintiff filed this action under the Federal Tort Claims Act, alleging that a postal truck injured him in a collision. In order to file such a claim, the Plaintiff first had to exhaust his administrative remedies.
28 U.S.C. § 2675(a). To exhaust his administrative remedies, the Plaintiff had to present his claim to the appropriate federal agency and wait six months before filing suit. Id.; McNeil v. U.S.,
508 U.S. 106, 112(1993). It is undisputed that the Plaintiff did not wait six months.' DE 1, 35. It is therefore ORDERED AND ADJUDGED that the Defendant’s Motion to Dismiss is GRANTED and this case is DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION. The Clerk of the Court shall CLOSE THIS CASE. DONE and ORDERED in Chambers, West Palm Beach, Florida, this 30th day of April, 2024. — / | Tob . A.A Hee alot . ROBIN L. ROSENBERG Copies furnished to Counsel of Record UNITED STATES DISTRICT JUD
| For all of the reasons set forth in the Motion and Reply, the Plaintiff's reliance upon a legal assistant’s faxed, unsigned, unproduced, and unreceived document is improper.
Reference
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