Garland Miller v. United States, 517 F. App'x 62

Miller arrived at LSCI-Allenwood in April 2009 and faced a bunk-access issue due to a stool marked “NO STEP.”
The stool slipped as Miller climbed down, causing injury to his left knee and subsequent surgery.
Miller claimed the BOP denied Celebrex post-surgery, though prescribed by his physician.
Miller filed an Administrative Tort Claim on January 4, 2010 seeking FTCA relief for multiple incidents, including the knee injury.
The BOP advised filing the incidents separately and Miller never resubmitted; he did not receive a final agency denial, so exhaustion was not satisfied; the district court thus dismissed for lack of subject matter jurisdiction.
We affirm summarily as no substantial question presented.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Miller exhausted administrative remedies for FTCA claim	Miller exhausted by filing an Administrative Tort Claim	Failure to resubmit prevented final denial	Exhaustion not satisfied; final denial missing; dismissal proper
Whether FTCA exhaustion is jurisdictional	Exhaustion should allow suit upon denial	Exhaustion is jurisdictional	Exhaustion is jurisdictional and mandatory
Whether failure to obtain final denial defeats FTCA claim	Final denial was obtained through proper channels	No final denial due to incomplete resubmission	Final denial not obtained; dismissal proper
Whether district court correctly dismissed for lack of subject matter jurisdiction	Dismissal would be premature; issues can be resolved	Lack of exhaustion deprives jurisdiction	District Court properly dismissed

White-Squire v. U.S. Postal Serv., 592 F.3d 453 (3d Cir. 2010) (FTCA exhaustion and jurisdictional requirements; strict construction)
Roma v. United States, 344 F.3d 352 (3d Cir. 2003) (finality requires exhaustion of administrative remedies)
Pinho v. Gonzales, 432 F.3d 193 (3d Cir. 2005) (final denial required before filing suit)