U.S. Court of Appeals for the Fourth Circuit, 1996

Shoen v. United States

Shoen v. United States
U.S. Court of Appeals for the Fourth Circuit · Decided March 26, 1996

Shoen v. United States

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-1957

SHAWN L. SHOEN, Plaintiff - Appellant, versus UNITED STATES OF AMERICA, Defendant - Appellee, and STEVEN W. REDDISH; BRUCE W. PHEASANT, Defendants.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Franklin T. Dupree, Jr., Senior District Judge. (CA-94-110-7-D) Argued: March 4, 1996 Decided: March 26, 1996

Before WILKINSON, Chief Judge, and HALL and WILKINS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

ARGUED: John Drew Warlick, Jr., ELLIS, HOOPER, WARLICK, MORGAN & HENRY, Jacksonville, North Carolina, for Appellant. Rudolf A.

Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Janice McKenzie Cole, United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Shawn Shoen, a former lance corporal in the Marine Corps, appeals an order of the district court granting summary judgment to the United States in Shoen's personal injury suit. Shoen chal- lenges the substitution of the United States for the original defendants, the application of the Feres* doctrine to his suit, and the validity of Feres itself. He also asserts that he should have been allotted additional time for discovery.

We have considered the briefs and arguments of the parties, and we now affirm the judgment of the district court for the rea- sons stated in that court's memorandum opinions. Shoen v. United States, No. 7:94-CV-110-D3 (E.D.N.C., March 23, 1995, & September 6, 1995).

AFFIRMED

* Feres v. United States, 340 U.S. 135 (1950).

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