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Ann Roe and Robert Roe v. United States of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 8, 2011

ANN ROE AND ROBERT ROE,
PLAINTIFFS,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Presently before the Court is the Motion of Defendant United States of America ("United States") for Summary Judgment as to all claims being pursued in this action by Plaintiff Robert Roe. The United States' Motion is premised on the contention that Robert Roe has failed to exhaust his administrative remedies under the Federal Tort Claims Act, and consequently cannot maintain his claims for loss of consortium as a result of personal injuries allegedly sustained by his wife, Plaintiff Ann Roe, on or about April 18, 2008.

On February 3, 2011, Plaintiffs filed a Statement of Non-Opposition to the United States' Motion. Given that non-opposition, and because no suit can be prosecuted under the Tort Claims Act in the absence of the requisite administrative claim (see 28 U.S.C. section 1346(b)), the United States' Motion (ECF No. 13) is hereby GRANTED.*fn1 The United States is entitled to judgment in its favor on all claims pursued by Defendant Robert Roe through the present lawsuit.

IT IS SO ORDERED.


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