Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:08-cv-00183-SLR

Document 4

Filed 06/06/2008

Page 1 of 3

TN

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELA\ryARE

JAMES M.IRVIN. M.D..

Plaintifl
V.

Civil Action No. 08-CV-00183-SLR
JAMES B. PEAKE, Secretary, Department of Veterans Affairs,
Defendant.

NSWER OF THE UNITED STATES OF AMERICA
COMES NOW, the United States of America ("Defendant"), by its attorneys, Colm F. Connolly, United States Attorney for the District of Delaware, and Patricia C. Hannigan,
Assistant United States Attorney, and in response to each numbered paragraph of the P,laintiff
s

Complaint state as follows:

PARTIES:

1. 2.

Admitted. on information and belief. Admitted. on information and belief.

JURISDICTION:
3(a-c). The allegations in paragraph 3 are legal conclusions to which no response is
necessary. To the extent a response is necessary, denied.

VENUE:

4.

The allegations in paragraph 4 arelegal conclusions to which no response is

necessary. To the extent a response is necessary, denied.
5 (a-g). Admitted.

Case 1:08-cv-00183-SLR

Document 4

Filed 06/06/2008

Page 2 of 3

6.
dated

Denied. Plaintiff received

a response to his

FOIA requests by cover of

a letter

April 28, 2008.

7. 8.
dated

Admitted. on information and belief.

Denied. Plaintiff received

a response

to his FOIA requests by cover of a letter

April 28,2008.

9. 10.
dated

Admitted. on information and belief,

Denied. Plaintiff received

a response to his

FOIA requests by cover of

a letter

April 28,2008.
WHEREFORE, Defendant, United
States, respectfully requests that judgment be entered

in its favor and against Plaintiff, together with costs and disbursements and such other and
further relief as the Court may deem just and proper. Respectfully submitted,

COLM F. CONNOLLY United States Attorney
By:/s/Patricia C. Hannigan Patricia C. Hannigan Assistant United States Attorney Delaware Bar I.D. No. 2145 The Nemours Building 1007 Orange Street, Suite 700 P. O. Box 2046 V/ilmington, DE 19899-2046 (302) s73-6277 Patri ci a. Hanni gan@usdoj . gov

Dated: June 6,2008

2

Case 1:08-cv-00183-SLR

Document 4

Filed 06/06/2008

Page 3 of 3

CERTIFICATE OF SERVICE
I, Patricia C. Hannigan, hereby certifr that on June 6, 2008, I electronically f,rled the foregoing ANSWER with the Clerk of Court using CM/ECF. Notification of the filing and copies of the ANSV/ER wilt be sent via First Class United States Mail, to be served upon Pro Se Plaintiff at the followins address:
James Milton Irvin, M.D. 1100 Lovering Avenue, Apt. 500 Wilmington, DE 19860

COLM F. CONNOLLY United States Attorney

By:

/s/Patricia C. Hannigan Patricia C. Hannigan Assistant United States Attorney Delaware Bar I.D. No. 2145 The Nemours Building 1007 Orange Street, Suite 700 P. O. Box 2046 Wilmington, DE 19899-2046 (302) s73-6277 P atricia. Hanni gan@us doi gov
.

-3-