Davis v. Department of Health and Human Services
| Missouri Eastern District Court | |
| Judge: | Thomas C Mummert, III |
| Case #: | 4:13-cv-02217 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Oct 30, 2013 |
| Terminated: | Nov 20, 2013 |
| Last checked: Sunday Dec 28, 2014 1:10 PM CST |
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Defendant
Kathleen Sebelius
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Plaintiff
Patricia Marie Davis
814 N. 19th Street Apt. 121
St. Louis, MO 63106 |
GPO
Nov 12 2013
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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GPO
Nov 20 2013
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) |