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Bryan L. Perdue v. United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 3, 2012

BRYAN L. PERDUE, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: Murphy, District Judge:

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff's motion to dismiss without prejudice (Doc. 5). In its Order at Doc. 3, the Court ordered Plaintiff to show cause why this action should not be dismissed for lack of subject matter jurisdiction. Plaintiff has responded, agreeing with the Court that there is no federal subject matter jurisdiction here. Plaintiff's "Motion to Dismiss" therefore discharges the Court's Order to Show Cause. As more fully explained in the Court's Order at Doc. 3, the foreign country exception to the Federal Tort Claims Act applies here. See 28 U.S.C. § 2680(k). This case is therefore DISMISSED without prejudice for lack of subject matter jurisdiction.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20120103

© 1992-2012 VersusLaw Inc.



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