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DECISION AND ORDER INTRODUCTION Pro se plaintiff Raymond Scott (“Plaintiff”) brings this action against defendants the Social Security Administration (the “SSA”), Benjamin Kabat (“Kabat”), and Bradley Parker (“Parker”) (collectively “Defendants”), alleging various claims related to his receipt of social security disability benefits. (Dkt. 23).1 The Court previously granted Plaintiff leave to proceed in forma pauperis. (Dkt. 22). At that time, the Court reviewed Plaintiff’s complaint as required by 28 U.S.C. §1915(e)(2) and dismissed his claims, but granted him leave to replead. (Id.). Plaintiff filed his twelfth amended complaint on November 21, 2022. (Dkt. 23). Thereafter, Defendants filed a motion to dismiss on January 20, 2023, arguing that Plaintiff’s twelfth amended complaint should be dismissed pursuant to Rules 12(b)(1), 12(b)(5), and 12(b)(6) of the Federal Rules of Civil Procedure. (See Dkt. 25). The Court issued a scheduling order (see Dkt. 27), and Plaintiff responded on February 13, 2023 (Dkt. 28; Dkt. 29). Defendants filed a reply on February 14, 2023 (Dkt. 30), and Plaintiff filed a further response on March 16, 2023 (Dkt. 32; Dkt. 33). For the following reasons, Plaintiff’s twelfth amended complaint is dismissed.2 BACKGROUND The following facts are taken from Plaintiff’s twelfth amended complaint. (Dkt. 23). As required at this stage of the proceedings, the Court treats Plaintiff’s factual allegations as true. The majority of Plaintiff’s allegations are the same as the allegations contained in his eleventh amended complaint. (Compare Dkt. 21 with Dkt. 23). Specifically, Plaintiff alleges that “[t]hroughout the years 2018 to 2021,” the SSA requested by mail and in person that Plaintiff furnish proof that he was disabled. (Dkt. 23 at 2). The SSA made these requests despite the fact that Plaintiff had advised the SSA by mail and in person that he no longer received disability benefits, but was instead receiving retirement benefits and despite the fact that Plaintiff had “proved his disability before getting disability benefits years prior[.]” (Id.). Plaintiff also advised the SSA “ on several occasions that he had already made an arrangement with [the] SSA to have monthly benefits reasonably reduced due to an oversight in overpayment by [the] SSA.” (Id. at 2-3). Plaintiff’s social security benefits “were taken and not restored until well after he relocated from local administrative jurisdiction of Elmira, NY to NYC where the benefit amount that he received was properly reinstated.” (Id. at 3). Plaintiff claims to have suffered physically and financially due to the SSA’s actions and asserts claims for “Civil rights (The right to government services)” and “Personal injury (financial injury, stress, loss of eyesight, chest pain, emotional pain and suffering).” (Id. at 3-4). Plaintiff seeks $8,853,780 in damages. (Id. at 4). Plaintiff further alleges that in 2020 through 2021, Kabat and Parker, who are agents of the SSA, called his personal cell phone and “told him they had to give him something but would not tell him what it was[.]” (Id. at 5). Kabat and Parker also made “ obscene, threatening and derogatory comments” to Plaintiff. (Id.). Kabat and Parker came to Plaintiff’s home and place of business in an attempt to contact Plaintiff, and obtained confidential information regarding Plaintiff. (Id.). On March 10, 2020, Kabat and Parker — accompanied by Elmira, New York police — placed a summons on Plaintiff’s door. (Id.). Plaintiff seeks to assert claims against Kabat and Parker for “Denial of the right to receive allowed federal benefits” and “Personal Injury (stress, mental, emotional, chest pain, suffering and blindness).” (Id. at 6). DISCUSSION Defendants argue that Plaintiff’s claims should be dismissed for the following reasons: (1) Defendants were not properly served, and therefore Plaintiff’s complaint must be dismissed pursuant to Rule 12(b)(5) of the Federal Rules of Civil Procedure; (2) the claims against the SSA, Kabat, and Parker must be dismissed, and the United States should be substituted as a defendant; (3) the Court lacks subject matter jurisdiction because Plaintiff has failed to comply with the Federal Tort Claims Act’s presentment requirement; and (4) Plaintiff has failed to allege a cognizable civil rights violation or a claim pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). (Dkt. 25-5 at 9-17). I. Legal Standards A. Rule 12(b)(1) — Subject Matter Jurisdiction “A district court properly dismisses an action under Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction if the court lacks the statutory or constitutional power to adjudicate it….” Cortlandt St. Recovery Corp. v. Hellas Telecomms, S.á.r.l, 790 F.3d 411, 416-17 (2d Cir. 2015) (quotation and citation omitted). “A plaintiff asserting subject matter jurisdiction has the burden of proving by a preponderance of the evidence that it exists.” Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000). “When considering a motion to dismiss for lack of subject matter jurisdiction…a court must accept as true all material factual allegations in the complaint.” Shipping Fin. Servs. Corp. v. Drakos, 140 F.3d 129, 131 (2d Cir. 1998); see also Tandon v. Captain’s Cove Marina of Bridgeport, Inc., 752 F.3d 239, 243 (2d Cir. 2014) (“In resolving a motion to dismiss under Rule 12(b)(1), the district court must take all uncontroverted facts in the complaint…as true, and draw all reasonable inferences in favor of the party asserting jurisdiction.”). Further, the Court “may consider affidavits and other materials beyond the pleadings to resolve the jurisdictional issue, but it may not rely on conclusory or hearsay statements contained in the affidavits.” Matthias v. United States, 475 F. Supp. 3d 125, 133 (E.D.N.Y. 2020) (alteration omitted) (quoting J.S. ex rel. N.S. v. Attica Cent. Sch., 386 F.3d 107, 110 (2d Cir. 2004)). B. Rule 12(b)(6) — Failure to State a Claim “In considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), a district court may consider the facts alleged in the complaint, documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint.” DiFolco v. MSNBC Cable L.L.C., 622 F.3d 104, 111 (2d Cir. 2010). A court should consider the motion by “accepting all factual allegations as true and drawing all reasonable inferences in favor of the plaintiff.” Trs. of Upstate N.Y. Eng’rs Pension Fund v. Ivy Asset Mgmt., 843 F.3d 561, 566 (2d Cir. 2016). To withstand dismissal, a plaintiff must set forth “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Turkmen v. Ashcroft, 589 F.3d 542, 546 (2d Cir. 2009) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). “While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff’s obligation to provide the grounds of his entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555 (internal quotations and citations omitted). “To state a plausible claim, the complaint’s ‘[f]actual allegations must be enough to raise a right to relief above the speculative level.’” Nielsen v. AECOM Tech. Corp., 762 F.3d 214, 218 (2d Cir. 2014) (quoting Twombly, 550 U.S. at 555). While the Court is “obliged to construe [pro se] pleadings liberally, particularly when they allege civil rights violations,” McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004), even pleadings submitted pro se must satisfy the plausibility standard set forth in Iqbal and Twombly, see Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009) (“Even after Twombly, though, we remain obligated to construe a pro se complaint liberally.”). II. Federal Tort Claims Act (FTCA) Claims The Court turns first to claims brought pursuant to the FTCA, since Defendants have raised issues with respect to the Court’s subject matter jurisdiction over those claims. A. The United States is the Proper Party3 Defendants contend that the United States should be substituted as the proper party to this action. (Dkt. 25-5 at 10-11); see also Robinson v. Overseas Military Sales Corp., 21 F.3d 502, 509 (2d Cir. 1994) (“In a tort action against federal officers, 28 U.S.C. §2679(b)(1) provides for the substitution of the United States as a party upon certification by the Attorney General that the officers were acting within the scope of their employment.”); Mayes v. United States Postal Service, No. 19-CV-355 (JLS), 2020 WL 2465086, at *5 (W.D.N.Y. May 13, 2020) (“the FTCA provides a limited waiver of the United States’ sovereign immunity and does not authorize lawsuits against federal agencies”). In his response papers, Plaintiff concedes that the United States should be substituted as a party in place of the named Defendants. (Dkt. 28 at 12 (conceding that the “actions should be dismissed against the current defendants,” and requesting that the United States be substituted in their place)). Defendants have submitted a Certification from Trini E. Ross, the United States Attorney for the Western District of New York, dated January 17, 2023, and stating that defendants Kabat and Parker “were acting within the scope of their federal office or employment at the time of the incidents out of which Plaintiff’s claims arose.” (See Dkt. 25-1). Accordingly, for any claims Plaintiff brings pursuant to the FTCA, those claims are dismissed as to the SSA, Parker, and Kabat, and the United States is hereby substituted as the proper defendant. B. The Presentment Requirement The Court turns next to Defendants’ argument with respect to administrative exhaustion — specifically, that Plaintiff has not alleged when he complied with the presentment requirement, and therefore the Court lacks subject matter jurisdiction over the FTCA claims. (Dkt. 25-5 at 11-14). “[T]he United States, as sovereign, is immune from suit save as it consents to be sued.” Lehman v. Nakshian, 453 U.S. 156, 160 (1981) (quotation and citation omitted). Sovereign immunity extends to federal agencies, see F.D.I.C. v. Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”), and to “federal officers in their official capacities,” Robinson, 21 F.3d at 510. As relevant here, the FTCA waives sovereign immunity for certain claims arising out of tortious conduct by federal agents. However, before bringing any such claim in court, a plaintiff must first exhaust his administrative remedies before the relevant federal agency. Specifically, 28 U.S.C. §2675 provides that “[a]n action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail.” 28 U.S.C. §2675(a) (emphasis added); see also Yunkeung Lee v. United States, 570 F. App’x 26, 27 (2d Cir. 2014) (“Prior to filing an FTCA action, a plaintiff must exhaust administrative remedies, which include presenting the claim to the appropriate federal agency.”). The claim must be filed with the appropriate federal entity “within two years of the injury’s accrual.” Leytman v. United States, 832 F. App’x 720, 722 (2d Cir. 2020) (citing 28 U.S.C. §2401(b)). The exhaustion requirement “is jurisdictional and cannot be waived.” Celestine v. Mt. Vernon Neighborhood Health Ctr., 403 F.3d 76, 82 (2d Cir. 2005). Plaintiff “bears the burden of showing that [ ]he exhausted h[is] administrative remedies by presenting h[is] claim to the appropriate federal agency before filing suit.” Cooke v. United States, 918 F.3d 77, 80 (2d Cir. 2019). In support of their argument that Plaintiff has failed to comply with the presentment requirement, Defendants submit the December 8, 2022 declaration of Brandon Dell’Aglio, an attorney and FTCA Team Leader for the SSA.4 (Dkt. 25-2 at 1; see also Dkt. 25-5 at 13). Mr. Dell’Aglio is responsible for the intake, investigation, processing, and adjudication of all tort claims, and he directs the activities of various employees responsible for logging and processing claims submitted against the SSA pursuant to the FTCA. (Dkt. 25-2 at 2). Mr. Dell’Aglio states that on December 8, 2022, he searched his records to determine whether Plaintiff or an authorized representative filed an administrative tort claim against the SSA, and to the best of his knowledge, information, and belief, “no administrative tort claim has been filed against SSA by the Plaintiff herein, relative to the claims asserted in the above-captioned action.” (Id. at

 
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