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White v. Drug Enforcement Agency

United States District Court, Fifth Circuit

December 10, 2013

MICHAEL A. WHITE, M.D., Plaintiff,
v.
DRUG ENFORCEMENT AGENCY, Defendant.

MEMORANDUM OPINION

SHARION AYCOCK, District Judge.

The Drug Enforcement Agency (DEA) has filed a Motion to Dismiss, or Alternatively, Summary Judgment [8] on the assertion that this Court has no subject matter jurisdiction. Because Plaintiff has failed to exhaust his administrative remedies or follow the statutory framework for the specific relief requested, the Court grants that motion and dismisses this civil action.

Factual and Procedural Background

As a practicing physician, Michael White prescribed narcotics pursuant to DEA License Number BW39213009. After a determination by the Mississippi State Board of Medical Licensure that Dr. White was wrongfully dispensing a Schedule IV narcotic, White voluntarily surrendered License Number BW39213009 to the DEA.

White thereafter submitted an application for a new DEA registration. That application, which is currently under review by the DEA, is the subject of this civil action. White "requests that this Court have a hearing as soon as possible to address the status of his DEA license and that he either be granted the same or be allowed a full trial to address the issues aforementioned and for any and all other declaratory relief available."

The DEA contends that White's Complaint should be dismissed as he has failed to exhaust his administrative remedies under the Controlled Substance Act (CSA), 21 U.S.C. §801, et seq.

Subject Matter Jurisdiction

Motions filed under Rule 12(b)(1) of the Federal Rules of Civil Procedure challenge the subject matter jurisdiction of the district court. See FED. R. CIV. P. 12(b)(1). Subject matter jurisdiction must be ascertained before the court addresses other grounds for dismissal raised by the defendant. See Marathon Oil Co. v. Ruhrgas , 145 F.3d 211, 220 (5th Cir.), cert. granted, 525 U.S. 1039, 119 S.Ct. 589, 142 L.Ed.2d 532 (1998); Aetna Cas. & Sur. Co. v. Iso-Tex, Inc. , 75 F.3d 216, 218 (5th Cir. 1996). The court's dismissal of a case for lack of subject matter jurisdiction is not a decision on the merits and does not prevent the plaintiff from pursuing the claim in a court that has proper jurisdiction. See Hitt v. Pasadena , 561 F.2d 606, 608 (5th Cir. 1977).

"A case is properly dismissed for lack of subject matter jurisdiction when the court lacks the statutory or constitutional power to adjudicate the case.'" Home Builders Ass'n of Miss., Inc. v. City of Madison , 143 F.3d 1006, 1010 (5th Cir. 1998) (quoting Nowak v. Ironworkers Local 6 Pension Fund , 81 F.3d 1182, 1187 (2d Cir. 1996)). "Courts may dismiss for lack of subject matter jurisdiction on any one of three different bases: (1) the complaint alone; (2) the complaint supplemented by undisputed facts in the record; or (3) the complaint supplemented by undisputed facts plus the court's resolution of disputed facts." Clark v. Tarrant County , 798 F.2d 736, 741 (5th Cir. 1986) (citing Williamson v. Tucker , 645 F.2d 404, 413 (5th Cir.), cert. denied, 454 U.S. 897 , 70 L.Ed.2d 212, 102 S.Ct. 396 (1981)); accord Barrera-Montenegro v. United States , 74 F.3d 657, 659 (5th Cir. 1996). The burden of proof on a Rule 12(b)(1) motion to dismiss is on the party asserting jurisdiction. See Strain v. Harrelson Rubber Co. , 742 F.2d 888, 889 (5th Cir. 1986). Accordingly, the plaintiff at all times bears the burden of demonstrating that subject matter jurisdiction exists. See Paterson v. Weinberger , 644 F.2d 521, 523 (5th Cir. 1981).

Discussion and Analysis

"The doctrine of exhaustion of administrative remedies is one among related doctrines- including abstention, finality, and ripeness-that govern the timing of federal-court decisionmaking." McCarthy v. Madigan , 503 U.S. 140, 144, 112 S.Ct. 1081, 117 L.Ed.2d 291 (1992). A court conducting an exhaustion inquiry must give "paramount importance'" to congressional intent. Id. at 144, 112 S.Ct. 1081 (quoting Patsy v. Board of Regents of Florida , 457 U.S. 496, 501, 102 S.Ct. 2557, 73 L.Ed.2d 172 (1982)). Where Congress provides that certain administrative remedies are exclusive, exhaustion is required. See Patsy , 457 U.S. at 502 n. 4, 102 S.Ct. 2557 (citing Myers v. Bethlehem Shipbuilding Corp. , 303 U.S. 41, 58, 58 S.Ct. 459, 82 L. Ed 638 (1938)). Moreover, even where there is no explicit statutory exhaustion requirement, courts must draw guidance from congressional intent "in determining whether application of the doctrine would be consistent with the statutory scheme." Id., 102 S.Ct. 2557. Thus, in deciding whether exhaustion of federal remedies is required, "courts generally focus on the role Congress has assigned to the relevant federal agency, and tailor the exhaustion rule to fit the particular administrative scheme created by Congress." Id., 102 S.Ct. 2557 (citing McKart v. United States , 395 U.S. 185, 193-95, 89 S.Ct. 1657, 23 L.Ed.2d 194 (1969)).

Here, the administrative remedy framework is not explicitly statutorily-defined as Plaintiff's exclusive option. However, the Court finds that the doctrine of exhaustion is consistent with the statutory scheme and necessary before jurisdiction lies in a judicial forum.

The Controlled Substances Act, see 21 U.S.C. §§ 801-971, established a comprehensive regulatory framework to control the manufacture, distribution, and dispensation of controlled substances. Maynard v. DEA, 117 F.App'x 941, 943 (5th Cir. 2004). The Act requires practitioners who dispense controlled substances to register with the Attorney General. See 21 U.S.C. § 822. Concomitantly, the Act authorizes the Attorney General to suspend or revoke a registration after issuing an order to show cause and holding a hearing in accordance with the Administrative Procedure Act. See 21 U.S.C. § 824(a), (c). The Attorney General has delegated this authority to the Drug Enforcement Administration (DEA). See Harline v. DEA , 148 F.3d 1199, 1202 (10th Cir. 1998).

Under the CSA, "any person aggrieved by a final decision" of the DEA under the Act "may obtain review of the decision" in the appropriate court of appeals. 21 U.S.C. § 877. Explicit in this grant of jurisdiction to the courts of appeals is the requirement that the DEA issue a "final ...


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