F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUL 21 2003
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
JAMES W. GREEN,
Plaintiff-Appellant,
v. No. 02-7112
(D.C. No. 02-CV-17-P)
UNITED STATES OF AMERICA, (E.D. Okla.)
Defendant-Appellee.
ORDER AND JUDGMENT *
Before KELLY , ANDERSON , and O’BRIEN , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
James W. Green appeals from the district court’s grant of summary
judgment to the government on claims filed pursuant to the Federal Torts Claim
Act (FTCA). The district court concluded that appellant had not complied with
the FTCA’s administrative claim requirements and dismissed the case with
prejudice. We have jurisdiction over the appeal by virtue of 28 U.S.C. § 1291;
our review of the district court’s decision is de novo. Simms v. Okla. ex rel.
Dep’t of Mental Health & Substance Abuse Servs. , 165 F.3d 1321, 1326 (10th Cir.
1999).
Appellant’s argument on appeal is that the administrative claim
requirements of the FTCA do not apply to his case because his suit is against the
judicial branch as a whole and not against any individual. This argument lacks
merit because the statute expressly makes all tort suits against the government
subject to those provisions. 28 U.S.C. § 2401(b). The judgment of the United
States District Court for the Eastern District of Oklahoma is AFFIRMED.
Appellant’s motion to file a supplement to his appellate brief is granted.
Entered for the Court
Terrence L. O’Brien
Circuit Judge
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