James Lewis v. United States


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED) [4386061] [15-2976]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2976 ___________________________ James Melvin Lewis lllllllllllllllllllll Plaintiff - Appellant v. United States of America lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: April 4, 2016 Filed: April 7, 2016 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges. ____________ 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 1 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. ______________________________ -2- Appellate Case: 15-2976 Page: 2 Date Filed: 04/07/2016 Entry ID: 4386061

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