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· 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 CourtListener

Sourced 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.