Shirley McLaurin Individually and on Behalf of the Heirs of Milton Stubbs, Deceased v. United States

WIENER, Circuit Judge:

Plaintiff-Appellant Shirley McLaurin (“McLaurin”), individually and on behalf of the heirs of Milton Stubbs, appeals the district court’s denial of her motion to remand and the dismissal of her suit for failure to exhaust administrative remedies. The district court ruled that defendant-appellee United States of America (the “government”) timely removed the suit and that McLaurin failed to exhaust her administrative remedies under the Federal Tort Claims Act (“FTCA”). 1 We affirm.

I. FACTS AND PROCEEDINGS

In January 1996, Milton Stubbs (“Stubbs”) was taken to the emergency…