Jones v. Department of Justice ( 2013 )

UNITED STATES DISTRICT COURT
FILED
FOR THE DISTRICT OF COLUMBIA FEB- 5 2013
Clerk · U·S· o·rs tnet & Bankruptc
·
Courts tor the District of Columbra
Don Jones, )
)
Plaintiff, )
)
V. ) Civil Action No.
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Department of Justice et al., )
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Defendants. )
13 0161
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MEMORANDUM OPINION
This matter is before the Court on review of plaintiffs pro se complaint and application
to proceed in forma pauperis. The Court. will gr;ant plaintiffs application to proceed in forma
I J , ,I
pauperis and will dismiss this action for lack of subject matter jurisdiction. See Fed. R. Civ. P.
12(h)(3) (requiring the court to dismiss an action "at any time" it determines that subject matter
jurisdiction is wanting).
Plaintiff, a District of Columbia resident, sues the Department of Justice for $500
million. The complaint stems from plaintiffs alleged visit to the Drug Enforcement
Administration where he was "handcuffed and given a notice that I am not allowed in their
building." Compl. at 1.
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
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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). Since plaintiffhas not indicated that he exhausted his administrative
remedies under the FTCA, this case 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
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accompanies this Memorandum Opinion.
Date: January j_t_, 2013
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