Kumar

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 RAKESH KUMAR, No. 2:18-cv-03028-MCE-AC Plaintiff, v. MEMORANDUM AND ORDER UNITED STATES OF AMERICA, Defendant. 15 Through the present action, Plaintiff Rakesh Kumar (“Plaintiff”) seeks damages against the government for personal injuries he sustained at a federal post office facility. The United States now moves to dismiss Plaintiff’s lawsuit for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) on grounds that Plaintiff failed to exhaust the administrative remedies prior to bringing suit. For the reasons stated below, that Motion is GRANTED.2 //// //// //// ////

26 1 All further references to “Rule” or “Rules” are to the Federal Rules of Civil Procedure unless otherwise noted.

2 Because oral argument would not be of material assistance, the Court ordered this matter submitted on the briefs. E.D. Cal. Local Rule 230(g). BACKGROUND3 2 …