Smith v. McDonough

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:21-CV-195-FL HARRIETTE E. SMITH, ) ) Plaintiff, ) ) v. ) ORDER ) DENIS MCDONOUGH Secretary, U.S. ) Department of Veterans Affairs, ) ) Defendant. ) This matter is before the court upon defendant’s motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (DE 27). In response, plaintiff filed a motion for leave to amend complaint (DE 32), which defendant opposes. In this posture the issues raised are ripe for ruling. For the following reasons, defendant’s motion is…