Murray v. United States

USCA1 Opinion

          March 29, 1996

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

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        No. 95-1986







                                  GREGORY T. MURRAY,



                                Plaintiff, Appellant,



                                          v.



                              UNITED STATES OF AMERICA,



                                 Defendant, Appellee.





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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                     [Hon. Nancy J. Gertner, U.S. District Judge]
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                                        Before



                                Torruella, Chief Judge,
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                           Stahl and Lynch, Circuit Judges.
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            Gregory T. Murray on brief pro se.
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            Donald K. Stern, United  States Attorney, and  Julie S.  Schrager,
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        Assistant United States Attorney, on brief for appellee.





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                 Per Curiam.  Pro se  plaintiff Gregory Murray appeals  a
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            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
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            Local Rule 27.1.
















































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               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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