BERYL A. HOWELL, Chief Judge.
Keith Johnson, a D.C. prisoner proceeding pro se, filed this "Malicious Prosecution" action in D.C. Superior Court against the United States Attorney for the District of Columbia and an Assistant United States Attorney ("AUSA"), alleging in a single paragraph that the defendants failed to disclose that his D.C. Superior Court indictment was secured through allegedly perjured grand jury witness testimony, in violation of Brady v. Maryland, 373 U.S. 83 (1963), and seeking "$99.5 million" in damages. See Compl. at 1, ECF No. 1-1. The government removed the action, see Notice of Removal, ECF No. 1, and filed a notice that this case is related to a previous lawsuit filed by the plaintiff against the government in Johnson v. United States, Civil Action No. 18-cv-2608 ("First Action"), see Gov't's Notice of Related Case at 1, ECF No. 3. Indeed, the instant Complaint raises an identical claim to the claim in the plaintiff's First Action, except this case names as defendants the current United States Attorney and a different AUSA. See Compl.
Pending before the Court is the government's Motion to Dismiss, ECF No. 6, for, inter alia, lack of subject matter jurisdiction and failure to exhaust administrative remedies.
Pursuant to the Westfall Act, 28 U.S.C. § 2679(d), the plaintiff's malicious prosecution tort claim is treated as against the United States because the government certified that the plaintiff's Complaint concerns actions by government officials who "were acting within the scope of their employment as employees of the United States at the time of the alleged incident," see Gov't's Mot. Dismiss, Ex. C, Certification at 1, ECF No. 6-4; see also Wasserman v. Rodacker, 557 F.3d 635, 638-39 (D.C. Cir. 2009). This action, in turn, is dismissed, for the same reasons for which the First Action is dismissed. See Johnson v. United States, 18-cv-2608-BAH, Mem. Op. & Order (Apr. 2, 2019), ECF No. 21.
Specifically, the plaintiff's claim arises under the Federal Tort Claims Act ("FTCA"), since he seeks to hold the United States liable in tort. See Wuterich v. Murtha, 562 F.3d 375, 380 (D.C. Cir. 2009).
Upon consideration of the government's Motion to Dismiss, ECF No. 6, the memoranda, exhibits, and declarations submitted in support of, and opposition to, the pending motion, and the entire record herein, for the reasons set forth in in this Memorandum and Order, it is hereby