Reilley
Reilley v. United States
Opinion
Lead Opinion
ORDER
Appellant Flori Reilley’s request for judicial notice, filed January 28, 2002, is denied as moot in light of the disposition of this appeal. Because Reilley’s action under the Federal Tort Claims Act was dismissed without prejudice, Reilley is free to pursue whatever remedies may be available to her if she chooses to refile her suit. This court expresses no opinion with respect to any such action.
MEMORANDUM **
Flori Reilley (Reilley) asserted jurisdiction in the district court pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346 (b). The district judge dismissed her complaint without prejudice and she filed a timely notice of appeal. This court has appellate jurisdiction under 28 U.S.C. § 1291 .
Reilley concedes that her complaint was properly dismissed as against the Postal Service and the Postmaster General. However, she argues that the district court should have stayed her FTCA action against the United States — rather than dismissing it — pending a determination by the Secretary of Labor (or his designee) whether compensation would be available under the Federal Employees’ Compensation Act (FECA), 5 U.S.C. §§ 8101 , et seq.