Alexander

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Richard Alexander, et al., No. 2:22-cv-01324-KJM-CKD 12 Plaintiffs, ORDER 13 Vv. 14 United States of America, 1S Defendant[s]. 16 17 In this action arising under the Federal Tort Claims Act, the United States of America 18 | moves to dismiss plaintiff Richard Alexander’s wrongful death claim for lack of subject matter 19 | jurisdiction. The court submits the matter without a hearing and grants the motion. 20 Under the Federal Tort Claims Act, a claimant may bring an action in tort against the 21 | United States. Cadwalder v. United States, 45 F.3d 297, 300 (9th Cir. 1995). However, under 28 22 | U.S.C. § 2675(a), the claimant must “first give the appropriate federal agency the opportunity to 23 | resolve the claim.” /d. (citing 28 U.S.C. § 2675(a)). This requirement is jurisdictional. /d. 24 The United States argues plaintiff has not presented his wrongful death claim to the 25 | Department of Veterans…