Tedearo Burrell v. William L. Warbington

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TEDEARO BURRELL, Plaintiff, Case No. 25-cv-13254 v. Hon. Matthew F. Leitman WILLIAM L. WARBINGTON, Defendant. __________________________________________________________________/ ORDER GRANTING DEFENDANT’S MOTION TO DISMISS (ECF No. 4) In this case, Plaintiff Tedearo Burrell brings claims against Christopher Warbington,1 an employee of the U.S. Social Security Administration. (See Notice of Removal, ECF No. 1.) Warbington removed the case to this Court under 28 U.S.C. § 1442 and 28 U.S.C. § 2679(d) “because the Attorney General, through his designee, . . . has certified that [Warbington] was acting within the scope of his employment at the time of the incident out of which this suit arose.” (Id., PageID.1- 2.) Burrell’s action is therefore one “against or directed to . . . [t]he United States or any agency thereof or any officer (or any person acting under that officer) of the

1 Burrell named a “William L. Warbington” as Defendant, but Defendant has since clarified that his name is Christopher Warbington. (See Mot., ECF No. 4, PageID.16.)

United States,” 28 U.S.C. § 1442, and removal is proper under 28 U.S.C. § 1442(a)(1).

On November 24, 2025, Warbington filed a motion to dismiss the claims for lack of subject matter jurisdiction, in which he explained that Burrell’s suit is effectively a suit against the Social Security Administration and suits brought against U.S. government agencies shall be dismissed unless the plaintiff can “identify a waiver of sovereign immunity.” (See Mot., ECF No. 4, PageID.24-25 (quoting Reetz v. United States, 224 F.3d 794, 795 (6th Cir. 2000).) Burrell did not respond to the motion. Because Burrell has not met his burden to identify a waiver of sovereign immunity that would permit his suit, Warbington’s motion to dismiss for lack of subject matter jurisdiction is GRANTED. The Court DISMISSES Burrell’s claims against Warbington with prejudice.

IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: March 4, 2026 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on March 4, 2026, by electronic means and/or ordinary mail.

s/Holly A. Ryan Case Manager