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MONZON v. U.S.

No. 00-16206 Non-Argument Calendar.

253 F.3d 567 (2001)

Emiliano MONZON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 5, 2001.

Attorney(s) appearing for the Case

Fred C. Isaac, David R. Lewis, Foerster, Isaac & Yerkes, P.A., Jacksonville, FL, for Plaintiff-Appellant.

Elaine Marzetta Lacy, U.S. Dept. of Justice, Washington, DC, for Defendant-Appellee.

Before ANDERSON, Chief Judge, and CARNES and MARCUS, Circuit Judges.

PER CURIAM:

The district court dismissed Plaintiff Emiliano Monzon's claim brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b), for lack of subject matter jurisdiction, holding that the discretionary function exception to the limited waiver of sovereignty contained in the FTCA barred Plaintiff's claim. We affirm.

I. BACKGROUND

On May 17, 1998, Plaintiff's wife, Cirelda Monzon, and...

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