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Kennedy v. United States

United States District Court, Fourth Circuit

January 15, 2014

MICHAEL E. KENNEDY
v.
UNITED STATES OF AMERICA

MEMORANDUM

CATHERINE C. BLAKE, District Judge.

Plaintiff Michael E. Kennedy filed suit on August 12, 2013, seeking damages allegedly caused by the U.S. Parole Commission's negligent failure to provide him with a parole termination hearing in the years 2010-2012. The government filed a motion to dismiss on November 15, 2013. Despite being granted an extension of time to respond, Kennedy has failed to do so.

The record in this case has been reviewed.[1] Even if Kennedy were correct that the Commission negligently failed to provide him with a hearing he should have received, that would not provide him a cause of action under the Federal Tort Claims Act. See Stoddard v. U.S. Parole Comm'n, 900 F.Supp.2d 38, 41 (D.D.C. 2012); Pate v. United States, 328 F.Supp.2d 62, 76 (D.D.C. 2004).

Accordingly, the motion to dismiss will be granted by separate Order which follows.


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