FILED
UNH"ED sTATEs DISTRICT CoURT $EP 2 6 2013
FOR THE DISTRICT OF COLUMBIA mem u.s. umw & eamd 506, 510 (D.C. Cir. 2009) (agreeing with other circuit courts "that ‘it is virtually axiomatic
that the FTCA does not apply where the claimed negligence arises out of the failure of the
957
United States to carry out a federal statutory duty in the conduct of its own affairs ) (quoting
Sea Air Shuttle Corp. v. United States, l 12 F.3d 532, 536 (lst Cir. 1997)) (alterations and other
citations omitted).
To state a Bivens claim, "a plaintiff must plead that each Government-official defendant,
through the offrcial’s own individual actions, has violated the Constitution." Ashcroft v. Iqbal,
556 U.S. 662, 676 (2009). Plaintiff has not alleged a constitutional violation, and the alleged
facts do not support Pallante’s personal involvement in the alleged misconduct.
Since plaintiff has failed to state a claim under the FTCA or Bz`vens, his claim for a
declaratory judgment also fails because "the availability of [declaratory] relief presupposes the
existence of a judicially remediable right." Ali v. Rumsfeld, 649 F.3d 762, 778 (D.C. Cir. 2011)
(citations and internal quotation marks omitted) (alteration in original). Hence, this case will be
dismissed. A separate Order accompanies this Memorandum Opinion.
H¢/ %»¢5’
September [/é , 2013 United States District Judge
2