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Finley v. Lipoff

August 11, 2009

EDWARD R. FINLEY AND REBECCA M. FINLEY, PLAINTIFFS,
v.
JAY I. LIPOFF AND UNITED STATES OF AMERICA, DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on Defendants Motion to Dismiss or, in the Alternative, Motion for Summary Judgment (Doc. 5). Defendants contend that Plaintiffs have failed to exhaust their administrative remedies as required by the Federal Tort Claims Act. 28 U.S.C. § 2675(a). Plaintiffs concede they must exhaust their administrative remedies as a prerequisite to filing suit. Plaintiffs concede they have failed to do so, and consent to dismissal of this action without prejudice. Therefore, the Court GRANTS the Motion to Dismiss (Doc. 5) and DISMISSES this case without prejudice.

IT IS SO ORDERED.

20090811

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