38 USC§ 901 makes the VA Secretary and VA Facility Directors Responsible for Providing
PROTECTION of persons, to include patients, visitors, and employees at VA medical facilities and
on Department Property. Veteran 's Health Administration 's Mission and Mandate, as
codified by 38 USC SSS 501, 901, 1721 as well as the Patient Bill Of Rights (38 CFR
§17.33); Privacy Polices (42 USC 522; 38 CFR 1605); The VA's Policy Prohibiting
Patient Abuse (38 CFR 17.34) and Mandated Protection Of Vulnerable Persons
((38 CFR 1199)-- ALL create a self-imposed non- delegable and non
discretionary DUTY-upon the VA Agency (VISN network directors and VA
Medical Center facility directors). Specifically. 38 USC§ 901 and VA Security 's
Policv(38 CFR 0730) mandate VA Secretary and VA Facility Directors —to:
PROTECT Beneficiaries; CONTROL conduct of those under VA's
control and on VA Property; CORRECT dangerous conditions; and
PREVENT harm

Federal Torts Claims Act (28 USC § 1346 and §2671 et seq): is the exclusive remedy
and makes the United States the sole Defendant in any civil action for injury, "caused
by the negligent act or omission of any Gov 't employee (acting within scope of
employment)." -in accordance with Tort Laws of the State where negligence occurred.

Victims Rights Act: 18 USC $3771: Crime Control Act. 42 U.S.C. 10607(c); DOJ Victim
Witness Program . 34 U.S.C. § 20141 AND Victim and Witness Protection Act Provide
Crime victims' right to be reasonably protected from her abusers and require the
District Court to RESTRAIN The Intimidation and Harassment Of Victims And
Witnesses (to Include Plaintiffs).

FRCP Rule 41 Involuntary (Penalty ) Dismissal permits Defendant to motion the
court to dismiss an action or claim If the plaintiff fails to prosecute or to comply
with court rules or a court order in an established PATTERN of "dilatory " "conduct.

The 3rd Circuit REQUIRES District Courts considering a Rule 41(b) Penalty
Dismissal motion to correctly apply the 6 -step process ( Six Poulis Factors )XPoulis
v. State Farm Fire & Gas. Co. 1984 ) THEREFORE. QUESTIONS ARE:

1. WHETHER the Magistrate Judge Exceeded his authority (28 USC §636; FRCP 72)
and the District Court Abused Its Discretion and ignored 3rd Circ Rules and
Precedent; and misapplied FRCP 41 (b) Involuntary Dismissal by improperly
Granting Defendant 's strategic motion for Penalty Dismissal of Plaintiffs FTCA
Negligence complaint-for "Failure to Prosecute Claim " ALTHOUGH :
• Petitioner (a traumatized Cardiac and Heart Surgery Patient) Declined (for
safety and health reasons) to "comply " with Defendant 's late-noticed Demand
that Plaintiff/Petitioner

Whether the Magistrate Judge exceeded authority and the District Court abused discretion in dismissing FTCA negligence complaint