STRONG v. UNITED STATES OF AMERICA

Filing 25

ENTRY DENYING MOTION TO REOPEN CASE - This matter is before the Court on Plaintiff, Sherry Strong's ("Strong") pro se Motion to Reopen Case. Dkt. 21 . For the reasons stated in this Entry, the Motion must be denied. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 3/20/2018. (BRR)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
SHERRY STRONG, on behalf of deceased
husband, Dan Strong, Jr.,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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) Case No. 1:17-cv-00866-TWP-DML
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ENTRY DENYING MOTION TO REOPEN CASE
This matter is before the Court on Plaintiff, Sherry Strong’s (“Strong”) pro se Motion to
Reopen Case. Dkt. [21]. For the reasons stated below, the Motion must be denied.
Strong filed her original Complaint on March 20, 2017, pursuant to Federal Torts Claims
Act (“FTCA”), 28 U.S.C. § 2671, et seq., seeking $30,000.00 in damages for allegations that the
United States Department of Veterans Affairs (the V.A.) negligently treated her husband, Dan
Strong, Jr. following a fall, which resulted in his tragic death. Dkt. [1]. On June 29, 2017, the
United States filed a Motion to Dismiss, Dkt. [13], arguing that the language of the FTCA is clear
that a claimant must seek administrative review prior to filing an action in federal court under the
FTCA. The Court granted the Motion to Dismiss on July 25, 2017, finding that it lacked subject
matter jurisdiction. Dkt. [19]. Strong was given through September 29, 2017 to file an amended
complaint or to otherwise show cause why judgment consistent with the Court’s Entry should not
issue. Strong failed to show cause or file an amended complaint by the September 29, 2017
deadline; instead, on February 21, 2018, she moved to reopen the case and attached a proposed
amended complaint dkt. [21-1].

Although the case is closed and Strong has not addressed the untimely filing of her
amended complaint, the Court will address the merits of her motion. The proposed amended
complaint alleges that the V.A. Hospital staff allowed Strong’s sister in law to visit with Strong’s
husband, against Strong’s wishes and the sister-in-law took pictures of her sick husband and posted
them on Facebook. Strong requests damages of $30,000.00 for her son and that V.A. doctors and
staff refrain from allowing the aggrieved activities. In response to the present motion, the United
States again argues that the FTCA requires full exhaustion of administrative remedies before a
claimant can institute legal action. See 28 U.S.C. § 2675(a). The Unites States is correct. Because
Strong still has not shown that she has exhausted her administrative remedies, she remains
precluded from re-opening this action to assert her claim. Therefore, Strong’s Motion to Reopen,
dkt. [21], is DENIED.

SO ORDERED.

Date: 3/20/2018

DISTRIBUTION:
Sherry Strong
7831 Oakshot Lane
Indianapolis, Indiana 46268
Kelly Rota
UNITED STATES ATTORNEY’S OFFICE
[e-mail]

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