Go v. U.S. Department of Veterans Affairs et al

Filing 23

Order by Hon. Vince Chhabria granting 15 Motion to Dismiss for Lack of Jurisdiction with Prejudice.(knm, COURT STAFF) (Filed on 9/25/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 EMMANUEL C GO, Case No. 14-cv-00536-VC Plaintiff, 8 v. ORDER OF DISMISSAL WITH PREJUDICE 9 10 United States District Court Northern District of California 11 U.S. DEPARTMENT OF VETERANS AFFAIRS, et al., Re: Dkt. No. 15 Defendants. 12 13 The government's motion to dismiss is granted. The allegations in the complaint and the 14 arguments made in opposition to the motion to dismiss make clear that Mr. Go seeks review of a 15 decision of the United States Court of Appeals for Veterans Claims, which was affirmed by the 16 United States Court of Appeals for the Federal Circuit, rejecting his claim for benefits. See, e.g., 17 Docket No. 18 at 8-9. This Court does not have jurisdiction to consider such a claim. Dismissal is 18 with prejudice because the Court can conceive of no set of facts that would permit review of the 19 above-referenced matter in this forum. 20 IT IS SO ORDERED. 21 22 23 24 25 26 27 28 Dated: September 24, 2014 ______________________________________ VINCE CHHABRIA United States District Judge

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