Davis v. John Cochran Veterans Administration Medical Center

Filing 7

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk is directed to serve process on the United States. IT IS FURTHER ORDERED that the Clerk is directed to name the United States as the sole defendant in this action. Signed by Magistrate Judge John M. Bodenhausen on 7/25/16. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CORYESHA LAVONDA DAVIS,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant,

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No. 4:16-CV-819 JMB

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff’s amended complaint under
28 U.S.C. § 1915(e). Plaintiff alleges that her psychiatrist at the VA St. Louis Health
Care System, John Cochran Division, mistreated her illness and caused her pain.
Although plaintiff has not stated a basis for this Court’s jurisdiction, the allegations sound
in negligence, and the Court will construe this action to be brought under the Federal Tort
Claims Act, 28 U.S.C. §§ 2671-80. While the allegations are somewhat vague and
unclear, the Court gives them the benefit of a liberal construction. As a result, the Court
will order the Clerk to serve process on the amended complaint.
Additionally, the correct defendant in this action is the United States. See 28
U.S.C. § 1346(b). So, the Court will order the Clerk to update the docket accordingly.
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to serve process on the
United States.

IT IS FURTHER ORDERED that the Clerk is directed to name the United
States as the sole defendant in this action.
Dated this 25th day of July, 2016

/s/ John M. Bodenhausen
JOHN M. BODENHAUSEN
UNITED STATES MAGISTRATE JUDGE

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