(PS)Razavi
(PS)Razavi v. Dept. of Veterans Affairs
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL RAZAVI, No. 2:20–cv–1825–KJM–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS
ON DEFENDANTS’ MOTION TO DISMISS;
v. ANCILLARY ORDER DEPARTMENT OF VETERANS (ECF No. 4) AFFAIRS, et al., 15 Defendants. 16 Plaintiff asserts six claims (negligence, defamation, intentional infliction of emotional distress, and three medical malpractice claims) against defendants, the Department of Veterans Affairs (“V.A.”) and the United States. (ECF No. 1.) Defendants move to dismiss all but one of plaintiff’s claims under Rules2 12(b)(1) and (b)(6), arguing the court lacks subject matter jurisdiction over some claims and cannot hear others because they are time-barred. (ECF No. 4.) The court recommends the motion to dismiss be GRANTED, and all claims (save the medical malpractice claim regarding plaintiff’s heart surgery) be DISMISSED WITH PREJUDICE. /// 26 1 Defendants’ motion is referred to the undersigned pursuant to 28…