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CHICKAWAY v. U.S.

Cause No. 4:11-CV-00022-CWR-LRA.

823 F.Supp.2d 452 (2011)

Wendy CHICKAWAY, Individually and as Administrator and Personal Representative of the Estate of Brandon Phillips, a Minor, and on Behalf of All Wrongful Death Beneficiaries of Brandon Phillips, Deceased, and Edward Phillips, Natural Father of Brandon Phillips, Deceased, Plaintiffs v. United States of America, Defendant.

United States District Court, S.D. Mississippi, Eastern Division.

July 8, 2011.

Attorney(s) appearing for the Case

Matthew W. Kitchens , Kitchens Law Firm, PA, Crystal Springs, MS, Laurie M. Higginbotham-Phv , Tom Jacob-Phv , Archuleta, Alsaffar & Higginbotham, Austin, TX, for Plaintiffs.

Mitzi Dease Paige , U.S. Attorney's Office, Jackson, MS, for Defendant.

ORDER

CARLTON W. REEVES, District Judge.

The above-styled matter is before the Court on the United States' Motion to Dismiss [Docket No. 19], which it raises against plaintiff Edward Phillips for his purported failure to exhaust administrative remedies prior to pursuing the matter in court. After reviewing the parties' briefs and considering all available governing authority, the Court has concluded that the motion must be granted.

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