Midgett

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 TIMOTHY JAMES MIDGETT, Case No. 20-cv-02942-MMC

Plaintiff, ORDER GRANTING DEFENDANT'S

MOTION TO DISMISS FOR LACK OF

v. SUBJECT MATTER JURISDICTION;

DIRECTIONS TO CLERK

UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Re: Doc. No. 11 11 Defendant.

12 Before the Court is defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction, filed July 1, 2020. Plaintiff has not filed opposition. Having read and considered the motion, the Court rules as follows. In his complaint, plaintiff alleges his brother "died as a direct result of . . . [m]edical [m]alpractice" at a "Veteran's Clinic" (see Compl. ¶ 3); he seeks monetary compensation as a result of such assertedly tortious conduct. The Federal Tort Claims Act ("FTCA") provides the "exclusive" remedy where, as here, a plaintiff alleges a tort claim against an agency of the United States. See 28 U.S.C. § 2679(b)(1). Pursuant to the…