Perez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 Raul R. Perez, et al., No. 2:22-CV-00941-KJM-AC Plaintiffs, ORDER V2 v. United States Department of Agriculture: Forest Service, Defendant. 16 Plaintiffs Raul and Brittany Perez and their minor children bring this wrongful death 18 action under the Federal Tort Claims Act (FTCA) against defendant United States Department of Agriculture and its agency the Forest Service (USDA). Defendant moves to dismiss the complaint for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), claiming plaintiffs did not exhaust administrative remedies before filing as statutorily required. Plaintiffs oppose, conceding they did not comply with the exhaustion requirement but arguing the 23 requirement is not jurisdictional. Because this requirement is jurisdictional, the court grants the motion and dismisses the complaint without prejudice and without leave to amend. 25 I. BACKGROUND …