Benjamin v. Weinberger, No. Cv 01-0808816 (Oct. 22, 2001)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION

This matter comes to the court on the defendants' motion of dismiss. The underlying issues are whether the plaintiffs claim is barred by sovereign immunity, whether the plaintiff has failed to exhaust administrative remedies, whether the plaintiff's claim is moot and, specifically, whether the defendants' motion to dismiss should be granted.

The court rules that though the plaintiff's claim is not barred by the doctrine of sovereign immunity, the plaintiff has failed to exhaust his administrative…