Haley Wheeler v. United States

Haley Wheeler appeals the dismissal of her Federal Tort Claims Act (FTCA) claim for lack of subject matter jurisdiction. The district court 1 held that Wheeler failed to exhaust her administrative remedies, as required by 28 U.S.C. § 2675(a). The United States Army, the relevant agency, never received an administrative claim from her. Wheeler argues that the evidence was sufficient to prove the Army received her claim and that the court did not fully develop the record.

This court reviews factual jurisdiction attacks for clear error. See Bellecourt v. United States, 994 F.2d 427, 430 (8th Cir.…