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84 F. App'x 97

Davis v. United States

U.S. Courts of Appeals

Decided December 29, 2003

U.S. Courts of Appeals · decided 2003-12-29

Cited by 3 later decisions — most recently September 2014

2 district · 1 state decisions

Applies 28 U.S.C. § 1915A · 28 U.S.C. § 2675

Relies on Dickson v. Office of Personnel Management

Good law ✅— No negative treatment on recordhow we know

Decided 2003-12-29

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¶1JUDGMENT

PER CURIAM.

¶2This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. It is

¶3ORDERED AND ADJUDGED that the district court’s order of dismissal, filed April 2, 2003, be affirmed. To the extent appellant sought relief under the Federal Tort Claims Act, he failed to exhaust his administrative remedies, a prerequisite to filing an FTCA complaint in district court. See 28 U.S.C. § 2675. To the extent appellant sought the amendment of records, he failed to exhaust his administrative remedies, a prerequisite to filing a Privacy Act complaint in district court. See Dickson v. OPM, 828 F.2d 32, 40 (D.C.Cir.1987) (exhaustion of administrative remedies under the Privacy Act). Under 28 U.S.C. § 1915A(b)(l), the district court properly dismissed the complaint.

¶4Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41.

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