Terry Lee Steward v. U.S.A.

Filing 11

ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF JURISDICTION by Judge Fernando M. Olguin. Response to Order to Show Cause due by 6/27/2016. (jloz)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 16-3510 FMO (RAOx)

Title

Terry Lee Steward v. United States of America

Present: The Honorable

Date

June 13, 2016

Fernando M. Olguin, United States District Judge

Julieta Lozano

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Re Dismissal for Lack of
Jurisdiction

On May 20, 2016, pro se plaintiff Terry Lee Steward (“Steward”) filed his complaint alleging
that the United States Veterans Administration wrongfully denied his claims for benefits to treat
his acid reflux disease, high cholesterol, and tinnitus, which Steward alleges were diagnosed
during the course of his military service. (See Dkt. 1, Complaint at ECF 3 & 5-7; Dkt. 2, Notice of
Exhibits in Support of Complaint at Exh. 1 (April 12, 2016 letter from Department of Veterans
Affairs denying Steward’s claim for benefits)).
Steward’s complaint does not assert the basis for this court’s jurisdiction. (See, generally,
Dkt. 1, Complaint). Having reviewed the Complaint, however, the court is not persuaded that it
has jurisdiction over plaintiff’s Complaint challenging the denial of benefits. See Veterans for
Common Sense v. Shinseki, 678 F.3d 1013, 1023 (9th Cir. 2012), cert. denied, 133 S.Ct. 840
(2013) (“Congress has expressly disqualified [district courts] from hearing cases related to VA
benefits in [38 U.S.C. ] § 511(a) ('may not be reviewed by any ... court'), and second, Congress
has conferred exclusive jurisdiction over such claims to the Veterans Court and the Federal
Circuit, id. §§ 511(b)(4), 7252(a), 7292(c)."). Accordingly, IT IS ORDERED that no later than June
27, 2016, plaintiff shall show cause in writing why this action should not be dismissed for lack of
jurisdiction. Failure to respond to this order to show cause by the deadline set forth above
shall be deemed as consent to the dismissal of the action without prejudice.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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jloz

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