REES v. DEPARTMENT OF VETERAN AFFAIRS MEDICAL FACILITIES

Full title: Maryann Rees, pro se Plaintiff, v. Department of Veteran Affairs Medical…

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Jan 7, 2005

Civil Action 3-03-CV-3099 (N.D. Tex. Jan. 7, 2005)

Opinion

Civil Action 3-03-CV-3099.

January 7, 2005

MEMORANDUM OPINION AND ORDER

JERRY BUCHMEYER, District Judge

Now before the Court is Defendant's Motion to Dismiss (filed April 5, 2004). Plaintiff failed to exhaust her administrative remedy as required by 28 U.S.C. § 2675. Plaintiff filed her administrative tort claim with the Dallas Veterans Medical Facility on December 31, 2003, on the same day she filed suit in this case. Therefore, Defendant's Motion is GRANTED

Accordingly, Plaintiff's case is DISMISSED WITHOUT PREJUDICE.

It is so ORDERED.