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HARBIN v. U.S., 2:15CV00090 JLH. (2015)

Court: District Court, E.D. Arkansas Number: infdco20150814691 Visitors: 7
Filed: Aug. 13, 2015
Latest Update: Aug. 13, 2015
Summary: ORDER J. LEON HOLMES , District Judge . On July 24, 2015, the United States of America filed a motion to dismiss this action for lack of subject matter jurisdiction. The declaration of Meredith Torres established that Bradley Harbin has not presented his claim to the appropriate federal agency, which in this instance would be the Department of Veterans Affairs, before filing suit. He has therefore failed to exhaust his administrative remedies. Consequently, the United States is immune from
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ORDER

On July 24, 2015, the United States of America filed a motion to dismiss this action for lack of subject matter jurisdiction. The declaration of Meredith Torres established that Bradley Harbin has not presented his claim to the appropriate federal agency, which in this instance would be the Department of Veterans Affairs, before filing suit. He has therefore failed to exhaust his administrative remedies. Consequently, the United States is immune from suit. The motion to dismiss is GRANTED. Document #10. This action is dismissed for lack of subject matter jurisdiction.

IT IS SO ORDERED.

Source:  Leagle

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