Morales-Alfaro

Morales-Alfaro v. CoreCivic, Inc.

Good Law
United States District Court, Southern District of CaliforniaFebruary 14, 20203:20-cv-00082California483 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RUBIA MABEL MORALES- Case No.: 20cv82-LAB (BGS)

ALFARO

ORDER REQUIRING PLAINTIFF

Plaintiff, TO PROVIDE EVIDENCE OF v. EXHAUSTION

UNITED STATES DEPARTMENT

15 OF HOMELAND SECURITY, et al. Defendants. 18 After the Court dismissed tort claims against U.S. Defendants for failure to exhaust administrative remedies, Plaintiff Rubia Mabel Morales-Alfaro filed a second amended complaint (“SAC”) along with a separate response. The SAC identifies certain claims as arising under the Federal Tort Claims Act. Morales- Alfaro says she submitted her administrative claim on January 10, 2020, and now says that claim was denied on January 23. Exhaustion of FTCA claims is jurisdictional, Jerves v. United States, 966 F.2d 517, 519 (9th Cir. 1992), and the Court is required to confirm its own jurisdiction, sua sponte if necessary, whenever any doubt arises. See Mt. Healthy City School Dist.…

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