Legal Opinion

Judkins v. Veterans Administration

District Court, E.D. North Carolina

Decided November 28, 2005No. 5:05-CV 51FL(1)PublishedCited by 6 opinions

1Opinion of the Court

ORDER

FLANAGAN, Chief Judge.

This matter is before the court on the motion of defendant to dismiss the complaint for lack of subject matter jurisdiction (DE #24) pursuant to Fed.R.Civ.P. 12(a)(1). Plaintiff pro se has responded by letter to the clerk’s Rule 12 letter and in this posture the motion is ripe for decision. For the reasons that follow, the court grants defendant’s motion to dismiss.

PROCEDURAL AND FACTUAL BACKGROUND

Plaintiff is a mentally disabled veteran who has been ruled incompetent to manage his own finances. Consequently, the Department of Veterans’ Affairs (“VA”) has appointed…

2Cases cited19 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  3. United States v. MitchellSupreme Court of the United States · 1983
  4. Walter Gordon v. William D. Leeke, Commissioner Joe Martin, Warden, Wayne Stephen Young v. George H. Collins, WardenCourt of Appeals for the Fourth Circuit · 1978
  5. Dugan v. RankSupreme Court of the United States · 1963

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3Cited by6 opinions

  1. William E. Freeman v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
  2. Gossett v. CzechCourt of Appeals for the Ninth Circuit · 2009
  3. Estates of Nau v. StateColorado Court of Appeals · 2007
  4. Lanier-Finn v. Department of the ArmyDistrict Court, D. Maryland · 2013
  5. Gossett v. CzechCourt of Appeals for the Ninth Circuit · 2009

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