United States
v.
Bowser

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLANDJan 31, 2013
Civil No. - JFM-12-2982 (D. Md. Jan. 31, 2013)

Civil No. - JFM-12-2982

01-31-2013

UNITED STATES OF AMERICA v. EDWARD BOWSER, III


MEMORANDUM

Defendant has filed a motion to dismiss for lack of subject matter jurisdiction.

Mizrach v. United States, 2012 WL 414806 (D. Md. Feb. 7, 2012) is directly on point. I agree with the reasoning of Mizrach. 28 U.S.C. § 2401(b) is not simply a statute of limitations. Rather, it is a limited waiver of sovereign immunity. Because plaintiff did not file suit within 180 days of the denial of the administrative claim, the United States has not waived its sovereign immunity, and this court lacks subject matter jurisdiction over this action.

______________________


J. Frederick Motz


United States District Judge