In Re: Wayne Puffer

State: Massachusetts

Docket No: 3:2012cv30190

Case Date: 05/06/2013

Specialty: v.

Preview:UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 12-11456-RGS NATHANIEL GAITHER v. UNITED STATES OF AMERICA MEMORANDUM AND ORDER May 6, 2013 STEARNS, D.J. For the reasons stated below, the court dismisses some claims and orders that summons issue. BACKGROUND Plaintiff Nathaniel Gaither, who is incarcerated at FCI Estill in Estill, South Carolina, brings this action under the Federal Tort Claims Act1 ("FTCA"). In a memorandum and order dated December 21, 2013 (#10), the court granted the plaintiff's motion for leave to proceed in forma pauperis, and, screening the complaint and the first amended complaint, dismissed some claims. The court held that many of the claims Gaither asserted were barred by the doctrine of res judicata because they had been decided against him in Gaither v. United States, C.A. No. 11-00953 (D.S.C.). The court also explained that, under the FTCA, Gaither could only bring claims for which he had exhausted his administrative remedies by filing a timely administrative complaint with the appropriate agency. Because it was unclear from the original and first amended complaint whether the claims Gaither asserted had been raised in an administrative complaint, the court ordered him to file a second amended complaint and limited the scope of the second amended complaint to matters raised in administrative complaints numbers TRT-NER-2012-03857 ("Claim #03857") and TRT-SER-20121

See 28 U.S.C.

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