Lundy v. Department of Veterans Affairs

RULING

JAMES, District Judge.

This is a suit brought under the Privacy Act of 1974, 5 U.S.C. § 552a (“Privacy Act”), by pro se Plaintiff Kelly B. Lundy (“Lundy”) against the Defendant Department of Veterans Affairs (‘VA”). On January 18, 2001, the VA filed a motion to dismiss pursuant to Rule 12(b)(1) and (6) of the Federal Rules of Civil Procedure asserting that this Court lacks subject matter jurisdiction and the Complaint fails to state a claim upon which relief can be granted. Alternatively, the VA argues that summary judgment is warranted, as there are no genuine issues of material fact.

For…