· 5/10/2013
Davis v. Bureau of Prisons
Citations
- 944 F. Supp. 2d 36
- 2013 WL 1932657
- 2013 U.S. Dist. LEXIS 66786
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that letters to Director of the Bureau of Prisons and Residential Reentry Manager did not satisfy FTCA’s presentment requirement
- dismissing FTCA claim for 7 lack of subject matter jurisdiction where prisoner plaintiff could show that he prepared a written FTCA claim to the BOP but could not show that BOP actually received it
- rejecting the plaintiff’s assertion that he had exhausted his administrative remedies because he did not “provide a receipt or other proof of mailing” or otherwise “show[] that the [Bureau of Prisons] actually received the claim”
- “The plaintiff may have prepared a written FTCA claim, yet missing from his submissions is the required showing that the [appropriate agency] actually received the claim.”
- “The plaintiff’s failure to 6 submit an administrative claim under the FTCA to the [agency] prior to filing this lawsuit deprives this Court of subject[-]matter jurisdiction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Robert L. Wilkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.