Louis Butler O'Neal v. March Fong Eu Roy E. Bailey, Department of Veterans Administration Dorcas T. Hardy, Commissioner of Social Security

Louis Butler O’Neal, a California state prisoner, appeals pro se the district court’s order dismissing his constitutional tort action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). O’Neal contends that Roy Bailey, a Veterans Administration official, negligently failed to obtain records which would have established that O’Neal had a right to Veteran’s death pension benefits. O’Neal also contends that he is entitled to the benefits.

A plaintiff must plead more than a merely negligent act by a federal official…