Colbert v. US Marshal's Office ( 2010 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
FILED
AUG 10 2010
Antonio Colbert, ) Clerk, U.S. District &Bankruptcy
) Courts for the District of Columbia
Plaintiff, )
)
Civil Action No.
v. )
) 10 1345
U.S. Marshal's Office, )
)
Defendant. )
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiff s pro se complaint and
application to proceed in forma pauperis. The application will be granted and the complaint
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 District of Columbia resident suing the United States Marshals Service for
alleged misconduct by the "security guards" at this courthouse. Compl. at 2. He alleges that the
"security staff has become abusive and argumentative towards me!" Id. Plaintiff seeks $50,000
in monetary damages.
A claim for monetary damages against the United States, including its agency
components, 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 his
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). Plaintiff has not
- "m
indicated that he exhausted his administrative remedies. The complaint therefore 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.
Date: August ~, 2010
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