Wallace v. Overton Brooks V A
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|Date Filed||#||Document Text|
|February 3, 2015
JUDGMENT ADOPTING 7 Report and Recommendations, IT IS ORDERED that this civil action is dismissed without prejudice because of a lack of subject-matter jurisdiction. Signed by Judge Tom Stagg on 2/3/2015. (crt,Joffrion, B)
|October 21, 2014
MEMORANDUM ORDER: Plaintiff, Robert W. Wallace filed this civil action against Overton Brooks VA. The burden is on a plaintiff to establish jurisdiction. In an FTCA case, that includes providing evidence he has complied with the administrative exhaus tion requirement. The requirement must be completed before the complaint is filed in court; later exhaustion will not cure a premature lawsuit. There is no indication Plaintiff has properly presented an administrative claim and had it denied prior to his filing of this civil action. Plaintiff is directed to submit, no later than 11/07/2014, evidence that he has properly exhausted his administrative remedies. If he does not do so, this civil action will be subject to dismissal for lack of subject -matter jurisdiction. If Plaintiff wishes to voluntarily dismiss this civil action so that he may properly proceed with an administrative claim, he should advise the court in writing that he wishes to dismiss this action without prejudice. (Compliance Deadline set for 11/7/2014.) Signed by Magistrate Judge Mark L Hornsby on 10/21/2014. (crt,Putch, A)
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