2008 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

12-29-2008

Jackson v. USA

Precedential or Non-Precedential: Non-Precedential

Docket No. 07-4628

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Recommended Citation

"Jackson v. USA" (2008). 2008 Decisions. Paper 39.

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BLD-121 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 07-4628

___________

GRADY JACKSON, JR.,

 Appellant

v.

UNITED STATES OF AMERICA

____________________________________

On Appeal from the United States District Court

for the Western District of Pennsylvania

(D.C. Civil No. 06-cv-00154)

District Judge: Honorable Sean J. McLaughlin

____________________________________

Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)

or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

January 30, 2008

Before: MCKEE, RENDELL and SMITH, Circuit Judges

(Opinion filed December 29, 2008 )

_________

 OPINION

_________

PER CURIAM

Grady Jackson, Jr. appeals the District Court’s order granting appellee’s motion to

dismiss his complaint. The procedural history of this case and the details of Jackson’s

claims are well known to the parties, set forth in the District Court’s thorough opinion,
 In Ali, a federal prisoner who had been transferred to a new prison alleged that 1

several items of property were missing from his bags.

2

and need not be discussed at length. Briefly, Jackson filed a complaint under the Federal

Tort Claims Act alleging that several items of his property went missing when he was

transferred to the Special Housing Unit. The District Court granted appellee’s motion to

dismiss and declined to exercise jurisdiction over any negligence claims arising under

state law. Jackson filed a timely notice of appeal, and we have jurisdiction under 28

U.S.C. § 1291.

The District Court held that Bureau of Prisons officers were “law enforcement

officers” under 28 U.S.C. § 2680(c). That section provides an exception to the United

States’ waiver of sovereign immunity for claims arising from the detention of property by

law enforcement officers. The Supreme Court recently held the same in Ali v. Federal

Bureau of Prisons, No. 06-9130, — S.Ct. —, 2008 WL 169359 (Jan. 22, 2008).1

Because the United States has not waived its sovereign immunity for Jackson’s claims,

the District Court did not err in dismissing Jackson’s complaint for lack of subject-matter

jurisdiction.

Summary action is appropriate if there is no substantial question presented in the

appeal. See Third Circuit LAR 27.4. For the above reasons, as well as those set forth by

the District Court, we will summarily affirm the District Court’s order. See Third Circuit

I.O.P. 10.6. Appellee’s motion to stay the appeal is denied as moot.