James Melvin Lewis v. United States of America

United States Court of Appeals
For the Eighth Circuit
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No. 15-2976
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James Melvin Lewis
lllllllllllllllllllll Plaintiff - Appellant
v.
United States of America
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: April 4, 2016
Filed: April 7, 2016
[Unpublished]
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Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
James Lewis appeals after the District Court dismissed for failure to state a1
claim his pro se Federal Tort Claims Act complaint alleging elder abuse by a
The Honorable Fernando J. Gaitan, Jr., United States District Judge for the1
Western District of Missouri.

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Department of Veterans Affairs physician. We conclude, contrary to Lewis’s
arguments on appeal, that the District Court had jurisdiction to consider the United
States’s defenses to Lewis’s claim. See 28 U.S.C. § 1346(b)(1) (granting district
courts jurisdiction over civil actions for damages brought against the United States).
Accordingly, we affirm. See 8th Cir. R. 47B.
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