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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ALONZO LEMONT CONYERS, SR. Plaintiff, v. DEPARTMENT OF THE ARMY Defendant. * * * * * * * * * ***** OPINION This action arises from an accident that occurred on October 21, 2002, in which Plaintiff1 was severely burned while cooking dinner in the Army housing assigned to his family. As a result of the accident, Plaintiff asserts a negligence claim against the United States.2 The United States has filed a motion to dismiss based on lack of subject matter jurisdiction and failure to state a claim. For the following reasons, the motion will be granted. I. In July of 2001, Plaintiff moved with his wife, SFC Valerie T. Conyers, and their two sons to Fort Meade, Maryland. Plaintiff is enrolled in the Army's Exceptional Family Member

Civil No. 06-231 JFM

Plaintiff originally instituted this action pro se. Because of the extremely unfortunate nature of the accident, the extent of the injuries Plaintiff sustained, and the closeness of the legal issues, I appointed James S. Zavakos to represent Plaintiff. I wish to thank Mr. Zavakos for the highly professional services he has rendered to his client and the court. Plaintiff originally asserted his claim against the Department of the Army. The United States made a motion to substitute itself for the Department of the Army pursuant to the Federal Tort Claims Act ("FTCA"), which provides that the exclusive remedy for persons claiming damages resulting from the negligent acts of federal employees acting within the scope of their employment is a suit against the United States. See 28 U.S.C.

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Maryland Law