Opinion
Civil Action 1:22-00405-KD-MU
04-12-2023
ORDER
KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1) and dated February 27, 2023 (Doc. 24) is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Defendant's Motion to Dismiss the Amended Complaint (Doc. 15) is GRANTED and Plaintiff's Amended Complaint is DISMISSED without prejudice.
Although six (6) months have passed since Plaintiff initiated his administrative claim in October 2022, the Court lacked jurisdiction at the time the Complaint was filed on October 17, 2022. See, e.g., McNeil v. U.S., 508 U.S. 106 (1993); Davis v. United States, 272 Fed.Appx. 863 (11th Cir. 2008).
DONE and ORDERED.