Alexander

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Richard Alexander, et al., No. 2:22-cv-01324-KJM-CKD Plaintiffs, ORDER Vv. United States of America, 1S Defendant[s]. 16 In this action arising under the Federal Tort Claims Act, the United States of America 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. Under the Federal Tort Claims Act, a claimant may bring an action in tort against the United States. Cadwalder v. United States, 45 F.3d 297, 300 (9th Cir. 1995). However, under 28 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. The United States argues plaintiff has not presented his wrongful death claim to the Department of Veterans…