USCA1 Opinion

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[NOT FOR PUBLICATION]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. Schrag
________________

Assistant United States Attorney, on brief for appellee.

____________________

____________________

Per Curiam.
__________

Pro se
___ __

district court order that

plaintiff Gregory Murray appeals

dismissed this Federal Tort Claims

action for lack of

to

present

jurisdiction based on plaintiff's failure

timely

required by 28 U.S.C.

the

administrative claim

2401(b).

record and the parties'

that

this

stated

judgment

action was

in the

of the district

Local Rule 27.1.

relief

as

We have thoroughly reviewed

briefs on appeal.

properly

district

for

dismissed

court's order.1
1

We conclude

for the

reasons

Accordingly,

court is summarily

affirmed.
________

the

See
___

____________________

1Plaintiff
1
recognize that
not

the

district court

the Department of Veterans

failed

to

Affairs (DVA) did

give him copies of the records of the hospitalization in

issue
is

contends that

until after the filing deadline had passed.

irrelevant, for

it is

clear that

action accrued long before

Moreover,

nothing

in

prevented

the plaintiff

The point

plaintiff's cause

of

he requested his medical records.

the

record

from

obtaining these

before the filing deadline expired.

-3-

suggests

that

the

DVA

records well