UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-1854

KEVIN C. UMPHREYVILLE,

Plaintiff - Appellant,

v.

THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA, Harrisonburg Division; THE U. S. FOURTH CIRCUIT COURT OF APPEALS,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:12-cv-00635-F)

Submitted: October 24, 2013 Decided: November 21, 2013

Before WYNN, DIAZ, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kevin C. Umphreyville, Appellant Pro Se. Edward D. Gray, Assistant United States Attorney, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kevin C. Umphreyville appeals the district court’s

order and judgment dismissing his complaint brought pursuant to

the Federal Tort Claims Act. We have reviewed the record and

find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. * Umphreyville v. USDC,

WDVA, No. 5:12-cv-00635-F (E.D.N.C. June 12, 2013). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before this court and

argument would not aid the decisional process.

AFFIRMED

* Although this court has been named as a defendant-appellee in this action, we exercise our discretion to decide the appeal pursuant to the Rule of Necessity. United States v. Will,

,

,

(1980).

2