Clark v. US Dept. of Army

ORDER

DiCLERCIO, Acting Chief Judge.

Plaintiff Asa A. Clark, as administrator of the estate of Matthew Clark, has filed this action alleging that defendant United States of America, Army Corps of Engineers, is liable under the Federal Tort Claims Act for the wrongful death of Matthew Clark caused by the negligent acts or omissions of defendant’s employees. Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), defendant has moved to dismiss plaintiff’s complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. In the alternative, defendant has…