United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS
M. COTA, UNITED STATES MAGISTRATE JUDGE.
who is proceeding pro se, brings this civil action. Pending
before the court is defendants' unopposed motion for
summary judgment (ECF No. 24).
action proceeds on plaintiff's second amended complaint.
Doctor George W. Chiu of the Department of Veterans Affairs,
Sacramento, showed “absolute disregard in performing
prostate surgery sealed off the drain to my right
kidney.”. . . In fact several procedures including a
surgery was needed to unseal the right kidney drain,
which Dr. George W. Chiu had sealed during prostate
surgery. Then he denied this had happened and refused to
address the problem.
contend the following facts are undisputed:
August 31, 2015, plaintiff submitted to the Department of
Veterans Affairs an administrative tort claim regarding the
allegations set forth in the complaint.
March 1, 2016, the Department of Veterans Affairs sent
plaintiff a letter via certified mail denying his claim.
Plaintiff filed the current action on April 10, 2017.
ECF No. 24-2 (defendants' separate statement of
statement of undisputed facts is supported by the declaration
of Michael Bartely, a paralegal specialist with the
Department of Veterans Affairs responsible for administrative
tort claims and ...