Smith v. United States of America

Filing 33

ORDER Granting Defendant's 27 Motion to Dismiss. Plaintiff's claims are dismissed and the Clerk of Court is instructed to close this case. Signed by Judge Jennifer A. Dorsey on 9/2/2014. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Bradley Smith,

Case No.: 2:13-cv-039-JAD-GWF

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Plaintiff,

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v.

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Order Granting Defendant’s
Motion to Dismiss [Doc. 27]

United States of America,

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Defendant.

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Plaintiff Bradley Smith originally sued the United States Government on a number of
legal theories alleging that, during his employment with the Government, his supervisor’s
hostile treatment induced him to attempt suicide. See Doc. 1. The government moved to
dismiss Smith’s allegations on the basis that all of his claims were subject to administrative
exhaustion and that Smith had failed to exhaust his administrative remedies. Doc. 8. I
granted the government’s motion but permitted Smith leave to amend his complaint if he
could cure the deficiencies identified in my order. Doc. 23. Smith then filed an amended
complaint, and the government now moves to dismiss it. Doc. 27. I find that Smith’s
amended complaint fails to adequately remedy the defects outlined in my prior order.
Smith’s new allegation that the V.A. Office of Resolution Management, the Office of Special
Counsel informed him that the agency lacked jurisdiction over his claims is without context,
and the agency letter attached to his complaint as support for this point does not corroborate
his allegation; rather it states that Smith failed to take actions that would provide the agency
with jurisdiction. See Doc. 24 at 44-48. Smith’s failure to take predicate administrative
steps leaves this court without jurisdiction over his claims. The government’s motion to
dismiss is granted.
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Accordingly, it is HEREBY ORDERED that the United States’ Motion to Dismiss

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[Doc. 27] is GRANTED. Plaintiff’s claims are dismissed, and the Clerk of Court is

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instructed to close this case.

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DATED: September 2, 2014.

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_________________________________
JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE

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