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Miller v. Department of Veterans Affairs

United States District Court, E.D. California

November 1, 2019

JESSE FRANCIS MILLER, SR., Plaintiff,
v.
DEPARTMENT OF VETERANS AFFAIRS, et al., Defendants.

          FINDINGS AND RECOMMENDATIONS

          DENNIS M. COTA, UNITED STATES MAGISTRATE JUDGE.

         Plaintiff, who is proceeding pro se, brings this civil action. Pending before the court is defendants' unopposed motion for summary judgment (ECF No. 24).

         I. BACKGROUND

         A. Plaintiff's Allegations

         This action proceeds on plaintiff's second amended complaint. Plaintiff alleges:

         The 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.

         ECF No. 13.

         B. Defendants' Evidence

         Defendants contend the following facts are undisputed:

         1. On August 31, 2015, plaintiff submitted to the Department of Veterans Affairs an administrative tort claim regarding the allegations set forth in the complaint.

         2. On March 1, 2016, the Department of Veterans Affairs sent plaintiff a letter via certified mail denying his claim.

         3. Plaintiff filed the current action on April 10, 2017.

         See ECF No. 24-2 (defendants' separate statement of undisputed facts).

         Defendants' 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 ...


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