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UNITED STATES DISTRICT COURT DISTRICT OF MAINE LONNIE T. CHARETTE, Plaintiff, v. CONNIE M. JACKSON, et al., Defendants. ) ) ) ) ) ) ) ) )

Civil No. 9-242-B-W

RECOMMENDED DECISION Lonnie T. Charette sued Connie M. Jackson in state court as a result of a motor vehicle accident that took place on or about September 25, 2006, in Aroostook County, Maine. On June 11, 2009, the United States removed the case to this court, certifying that at the time of the accident Jackson was acting within the scope of employment as an employee of the United States Postal Service. The United States has been substituted as the defendant in this action. (See Doc. No. 6.) It has now moved to dismiss the claim pursuant to Federal Rule of Civil Procedure 12(b)(1), claiming: (a) Charette failed to exhaust administrative remedies; (b) sovereign immunity; and (c) the claims are precluded by a two-year statute of limitation that governs administrative claims under the Federal Tort Claims Act (FTCA). The Court referred the motion for report and recommendation. I recommend that the court grant the motion to dismiss. Legal Standard "[F]ailure to comply with the FTCA's statute of limitations for filing a claim means that the district court lacks subject matter jurisdiction to entertain the suit and must dismiss it." Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003). First Circuit precedent places the burden of proving the existence of subject matter jurisdiction on the party invoking the court's jurisdiction. Id. n.8. A tort claim against a United States government employee must be

administratively pursued within two years of the injury or any claim against the United States is time barred. Id. at 73; 28 U.S.C.

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Maine Law