Case: 14-51247 Document: 00513002000 Page: 1 Date Filed: 04/13/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-51247
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 13, 2015
Lyle W. Cayce
WILLIAM BATH; MERRILEE BATH, Clerk
Plaintiffs–Appellants,
versus
UNITED STATES OF AMERICA,
Defendant–Appellee.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:13-CV-335
Before SMITH, WIENER, and ELROD, Circuit Judges.
PER CURIAM: *
William and Merrill Bath sued under the Federal Tort Claims Act,
alleging negligent medical care at a veterans’ hospital. The district court
granted the government’s motion to dismiss for want of jurisdiction under Fed-
eral Rule of Civil Procedure 12(b)(1) “because the plaintiffs failed to present
their administrative claims within two years of accrual as required by the
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 14-51247 Document: 00513002000 Page: 2 Date Filed: 04/13/2015
No. 14-51247
FTCA.” The district court explained its ruling in a brief but sufficiently thor-
ough and convincing Memorandum Opinion filed September 23, 2014. The
court correctly reasoned, based on undisputed facts, that Mr. Bath knew of the
injury well before filing his administrative claim.
The judgment of dismissal is AFFIRMED, essentially for the reasons
advanced by the district court.
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