BURT v. U.S. DEPARTMENT OF VETERANS AFFAIRS - OFFICE OF GENERAL COUNSEL 1:2018cv01538 | US District Court for the Southern District of Indiana

Justia Dockets & Filings Seventh Circuit Indiana Southern District BURT v. U.S. DEPARTMENT OF VETERANS AFFAIRS - OFFICE OF GENERAL COUNSEL

BURT v. U.S. DEPARTMENT OF VETERANS AFFAIRS - OFFICE OF GENERAL COUNSEL

Plaintiff:	WAYNE K. BURT
Defendant:	U.S. DEPARTMENT OF VETERANS AFFAIRS - OFFICE OF GENERAL COUNSEL
Case Number:	1:2018cv01538
Filed:	May 18, 2018
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Debra McVicker Lynch
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	None

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Date Filed	Document Text
November 16, 2018	Filing 25 ORDER - This case arises out of a dispute regarding medical care that plaintiff Wayne Burt received at a Department of Veteran's Affairs hospital (the "VA"). Mr. Burt, proceeding pro se, alleges generally that he may have received d eficient care and that he has been unable to obtain the information he seeks from the VA. Presently pending before the Court is the Government's Motion for Summary Judgment or, in the alternative, its Motion to Dismiss. For the reasons set fo rth herein, the Court GRANTS the Government's Motion. For the reasons discussed above, the Court GRANTS the Government's Motion for Summary Judgment as to Mr. Burt's claim(s) for damages. The Court GRANTS the Government's Mot ion to Dismiss Mr. Burt's claim for injunctive relief and DISMISSES that claim WITHOUT PREJUDICE. If Mr. Burt wishes to pursue that claim, he must file an amended complaint within thirty (30) days of the issuance of this order, specifically i dentifying (1) the right to the relief he seeks; and (2) the statutory waiver of sovereign immunity that would permit him to pursue his claim. If no amended complaint is filed within this time, the Court will dismiss with prejudice Mr. Burt's complaint. (SEE ORDER). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 11/16/2018. (APD)

Date Filed

Document Text

November 16, 2018

Filing 25 ORDER - This case arises out of a dispute regarding medical care that plaintiff Wayne Burt received at a Department of Veteran's Affairs hospital (the "VA"). Mr. Burt, proceeding pro se, alleges generally that he may have received d eficient care and that he has been unable to obtain the information he seeks from the VA. Presently pending before the Court is the Government's Motion for Summary Judgment or, in the alternative, its Motion to Dismiss. For the reasons set fo rth herein, the Court GRANTS the Government's Motion. For the reasons discussed above, the Court GRANTS the Government's Motion for Summary Judgment as to Mr. Burt's claim(s) for damages. The Court GRANTS the Government's Mot ion to Dismiss Mr. Burt's claim for injunctive relief and DISMISSES that claim WITHOUT PREJUDICE. If Mr. Burt wishes to pursue that claim, he must file an amended complaint within thirty (30) days of the issuance of this order, specifically i dentifying (1) the right to the relief he seeks; and (2) the statutory waiver of sovereign immunity that would permit him to pursue his claim. If no amended complaint is filed within this time, the Court will dismiss with prejudice Mr. Burt's complaint. (SEE ORDER). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 11/16/2018. (APD)

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Plaintiff: WAYNE K. BURT
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