Amirinoor v. USA
Filing
45
ORDER FOR FILING AND DISMISSAL OF COMPLAINT 43 : the complaint is filed and dismissed, by Judge Richard P. Matsch on 11/10/2014. (Attachments: # 1 Exhibit A) (jsmit)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Richard P. Matsch, Senior District Judge
Civil Action No. 11-cv-02550-RPM
SIAMAK AMIRINOOR,
Plaintiff,
v.
THE UNITED STATES OF AMERICA,
Defendant.
______________________________________________________________________________
ORDER FOR FILING AND DISMISSAL OF COMPLAINT
______________________________________________________________________________
This civil action was terminated when plaintiff’s counsel, Kimberly Alford Everette filed
Notice of Dismissal Without Prejudcie on July 9, 2013 [doc. 41]. On November 3, 2014, Mr.
Siamak Mark Amirinoor tendered a document titled Complaint and Jury Demand to the Clerk of
this Court. The First paragraph reads as follows:
COMES NOW the plaintiff, Mr. Siamak Mark Amirinoor files this notice of
reinstatement of the lawsuit filed on September 29th, 2011 Civil Action No: 1:11cv-02550-RPM Such reinstatement is proper pursuant to Federal Rules of Civil
Procedure Rule 59(b)(3).
Fed.R.Civ.P. 59(b)(3) does not exist. Presumably Mr. Armirnoor referes to Rule
59(b)(e). In paragraph 14 of his document, Mr. Amirinoor refers to Rule 60. By his pleading the
plaintiff alleges an oral agreement with Mr. Scott Risner, government counsel, that upon
voluntary dismissal of this action Mr. Amirinoor would resubmit his facial reconstruction claim
to the Army Human Resource Command because the previous denial was a “clerical/procedural
error” The plaintiff alleges that his attorney resubmitted the claim July 9, 2013 and July 27, 2013
and
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An official letter was received by the plaintiff Mr. Amirinoor dated
October 31ST, 2013 and U.S. Mail postmarked November 5TH, 2013 then
received by the plaintiff from the defendant (Army) on November 12TH,
2013 stating Mr. Amirinoor’s facial reconstruction TSGLI claim is denied
even after the agreement that was reached on the issue to resolve between
plaintiff and the defendant United States of America on June 17TH, 2013
outside the court room A at Byron White Courthouse, courtroom A,
second floor. See Exhibit 6 pages: 91 thru 93
Mr. Amirinoor claims breach of agreement and breach of contract, alleging jurisdiction
under 38 U.S.C. § 1975. That section provides for judicial review of an administrative decision
denying a veteran’s claim for TSGLI benefits.
Among the attachments to the complaint is what is now attached as Exhibit A.
The tendered complaint must be rejected because the rules cited by Mr. Amirinoor are
not applicable. To seek judicial review of an administrative decision denying TSGLI benefits on
the resubmitted claim Mr. Amirinoor must file a new civil action which can be filed under 28
U.S.C. § 1915 if he is unable to pay the filing fee.
Because there is no provision for reopening the former action and because this court
would have no jurisdiction to consider a contract claim based on an oral agreement with
government counsel, it is
ORDERED that the complaint is filed and dismissed.
Dated: November 10th , 2014.
BY THE COURT:
s/Richard P. Matsch
_________________________________
Richard P. Matsch, Senior District Judge
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