VALADEZ-LOPEZ v. Chertoff

OPINION

THOMAS, Circuit Judge:

In this appeal, we consider whether the plaintiff properly exhausted his administrative remedies under the Federal Tort Claims Act (“FTCA” or the “Act”), 28 U.S.C. §§ 1346, 2671-80, see id. § 2675(a), where the federal agencies denied the plaintiffs administrative tort claims before he amended his complaint in an ongoing civil action to name the United States as a party and allege a new cause of action under the Act. We conclude that the claims were properly exhausted, but affirm the district court’s dismissal on the alternate ground that Valadez-Lopez stated FTCA…