March 29, 1996
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1986
GREGORY T. MURRAY,
Plaintiff, Appellant,
v.
UNITED STATES OF AMERICA,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Nancy J. Gertner, U.S. District Judge]
Before
Torruella, Chief Judge,
Stahl and Lynch, Circuit Judges.
Gregory T. Murray on brief pro se.
Donald K. Stern, United States Attorney, and Julie S. Schrager,
Assistant United States Attorney, on brief for appellee.
Per Curiam. Pro se plaintiff Gregory Murray appeals a
district court order that dismissed this Federal Tort Claims
action for lack of jurisdiction based on plaintiff's failure
to present a timely administrative claim for relief as
required by 28 U.S.C. 2401(b). We have thoroughly reviewed
the record and the parties' briefs on appeal. We conclude
that this action was properly dismissed for the reasons
stated in the district court's order.1 Accordingly, the
1
judgment of the district court is summarily affirmed. See
Local Rule 27.1.
1Plaintiff contends that the district court failed to
1
recognize that the Department of Veterans Affairs (DVA) did
not give him copies of the records of the hospitalization in
issue until after the filing deadline had passed. The point
is irrelevant, for it is clear that plaintiff's cause of
action accrued long before he requested his medical records.
Moreover, nothing in the record suggests that the DVA
prevented the plaintiff from obtaining these records well
before the filing deadline expired.
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