Carter v. Veterans Affairs, Secretary of

Filing 9

ORDER Dismissing Claim for Lack of Jurisdiction re 8 Appeal Order/Opinion/Judgment. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JULIUS R. CARTER,
Plaintiff,

Case No. 14-13568
Hon. Victoria A. Roberts

v.
SECRETARY OF VETERANS AFFAIRS,
Defendant.
_____________________________________________________________________
ORDER DISMISSING CLAIM FOR LACK OF JURISDICTION
Pro se Plaintiff Julius Carter (“Carter”) filed a Complaint against Defendant
Secretary of Veterans Affairs (“Secretary”), and requests to proceed in forma pauperis
(“IFP”); however, the Court DISMISSES his claim for lack of jurisdiction.
Carter challenges the alleged “wrongful charge with overpayment of benefits of
$19,000.00 of more.” He asks the Court to “give me my legal rights (constitutional
rights)[,] equal right under the law, pain and suffering, punitive damages, mental
distress and refunding all monies that was [sic] taken.”
Matters related to benefit decisions are not within the jurisdiction of the United
States District Courts. 38 U.S.C.A. § 511; Beamon v. Brown, 125 F.3d 965, 970-71 (6th
Cir. 1997). To challenge the propriety of the Secretary’s withholding of funds, Carter
must follow the process identified by the Secretary, which may include an appeal to the
Board of Veterans’ Appeals, perhaps an appeal of that decision to the Court of Appeals
for Veterans’ Claims, and finally if necessary an appeal to the United States Court of
Appeals for the Federal Circuit.
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Since the Court lacks subject matter jurisdiction, Carter’s claim is DISMISSED.
IT IS ORDERED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: August 13, 2015
The undersigned certifies that a copy of this
document was served on the attorneys of
record and Julius R. Carter by electronic
means or U.S. Mail on August 13, 2015.
S/Carol A. Pinegar
Deputy Clerk

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