James Lewis v. United States

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED) [4386061] [15-2976]

United States Court of Appeals
For the Eighth Circuit
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No. 15-2976
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James Melvin Lewis
lllllllllllllllllllll Plaintiff - Appellant
v.
United States of America
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: April 4, 2016
Filed: April 7, 2016
[Unpublished]
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Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
James Lewis appeals after the District Court1 dismissed for failure to state a
claim his pro se Federal Tort Claims Act complaint alleging elder abuse by a
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The Honorable Fernando J. Gaitan, Jr., United States District Judge for the
Western District of Missouri.

Appellate Case: 15-2976

Page: 1

Date Filed: 04/07/2016 Entry ID: 4386061

Department of Veterans Affairs physician. We conclude, contrary to Lewis’s
arguments on appeal, that the District Court had jurisdiction to consider the United
States’s defenses to Lewis’s claim. See 28 U.S.C. § 1346(b)(1) (granting district
courts jurisdiction over civil actions for damages brought against the United States).
Accordingly, we affirm. See 8th Cir. R. 47B.
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Appellate Case: 15-2976

Page: 2

Date Filed: 04/07/2016 Entry ID: 4386061