Tyler v. USDOL, No. 00-2163(GK) (D.D.C. Feb. 1, 2001)
FILED
FEB - 1 2001
NANCY MAYER WHITTINGTON, CLERK
U.S. DISTRICT COURT
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Civil Action No. 00-2163 (GK)
GEANETT TYLER,
Plaintiff,
v.
U.S. DEPARTMENT OF LABOR, et al.,
Defendants
FINAL JUDGMENT
For the reasons set forth in the accompanying Memorandum Opinion, it is
ORDERED that the motion of Defendant Department of Labor to dismiss for lack of subject matter jurisdiction [Dkt. # 801] is GRANTED. It is
FURTHER ORDERED that the motion of Defendant Wood to dismiss for failure to state a claim against her on which relief can be granted. [Dkt. # 10-1] is GRANTED. It is
FURTHER ORDERED that the Initial Scheduling Conference set for February 23, 2001, is canceled. It is
FURTHER ORDERED that the action is DISMISSED with prejudice as to Defendant Wood and without prejudice as to Defendant Department of Labor.
This is a final appealable order. See Fed. R. App. P. 4(a).
SO ORDERED.
GLADYS KESSLER
United States District Judge
DATE: Feb. 1, 2001
FILED
FEB - 1 2001
NANCY MAYER WHITTINGTON, CLERK
U.S. DISTRICT COURT
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Civil Action No. 00-2163 (GK)
GEANETT TYLER,
Plaintiff,
v.
U.S. DEPARTMENT OF LABOR, et al.,
Defendants
MEMORANDUM OPINION
Plaintiff, formerly a bus driver for the Washington Metropolitan Area Transit Authority, was injured in the course of her employment in two accidents in 1975 and 1976. She has been receiving disability benefits as a result of the accidents pursuant to the Longshore and Harbor Workers' Compensation Act ("LHWCA"). In September, 2000, Plaintiff filed this complaint pro se, alleging that a Department of Labor Administrative Law Judge had improperly reconsidered and reduced her benefits and had ordered recoupment of $ 109,000, as a result of which all payments ceased.
The Administrative Law Judge asserts that she is immune from suit and has moved to dismiss the complaint against her for failure to state a claim on which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6). The Department of Labor contends that this Court lacks jurisdiction over the subject matter of Plaintiff's claim and moves to dismiss pursuant to Fed. R. Civ. P. 12 (b)(1). Plaintiff has filed an opposition in which she does not address the issues of immunity and jurisdiction raised by Defendants. Upon review of Defendants' motions, Plaintiff's opposition, the relevant law, and the entire record herein, the motions to dismiss will be granted.
I. The motion of the Department of Labor
The Department of Labor argues that Plaintiff has no exhausted her administrative remedies and that in any event judicial relief is available only from the United States Court of Appeals.