Davis v. Department of Health and Human Services

Justia Dockets & Filings Eighth Circuit Missouri Eastern District Davis v. Department of Health and Human Services

Davis v. Department of Health and Human Services

Plaintiff:	Patricia Marie Davis
Defendant:	U.S. Department of Health and Human Services
Case Number:	4:2013cv02217
Filed:	October 30, 2013
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - City
Presiding Judge:	Thomas C. Mummert
Nature of Suit:	Personal Injury- Medical Malpractice
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

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Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
November 20, 2013	Filing 9 MEMORANDUM AND ORDER. (see order for details) The limitations period expired on September 20, 2013. In her response memorandum, plaintiff does not make any allegation that she did not receive timely notice of the agency's final disposition of her tort claim. As a result, the Court lacks the authority to hear this action, and this case must be dismissed for want of jurisdiction under Rule 12(h)(3) of the Federal Rules of Civil Procedure. Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED. IT IS FURTHER ORDERED that plaintiffs motion for appointment of counsel is DENIED as moot. A separate Order of Dismissal will be filed forthwith. Signed by District Judge Catherine D. Perry on 11/20/2013. (CBL)
November 12, 2013	Filing 7 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall show cause, no later than December 10, 2013, why this action should not be dismissed for lack of subject matter jurisdiction.( Show Cause Response due by 12/10/2013.) Signed by Magistrate Judge Thomas C. Mummert, III on November 12, 2013. (MCB)

Date Filed

Document Text

November 20, 2013

Filing 9 MEMORANDUM AND ORDER. (see order for details) The limitations period expired on September 20, 2013. In her response memorandum, plaintiff does not make any allegation that she did not receive timely notice of the agency's final disposition of her tort claim. As a result, the Court lacks the authority to hear this action, and this case must be dismissed for want of jurisdiction under Rule 12(h)(3) of the Federal Rules of Civil Procedure. Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED. IT IS FURTHER ORDERED that plaintiffs motion for appointment of counsel is DENIED as moot. A separate Order of Dismissal will be filed forthwith. Signed by District Judge Catherine D. Perry on 11/20/2013. (CBL)

November 12, 2013

Filing 7 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall show cause, no later than December 10, 2013, why this action should not be dismissed for lack of subject matter jurisdiction.( Show Cause Response due by 12/10/2013.) Signed by Magistrate Judge Thomas C. Mummert, III on November 12, 2013. (MCB)

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Defendant: U.S. Department of Health and Human Services
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Plaintiff: Patricia Marie Davis
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