Michael Kennedy v. United States

U.S. Court of Appeals for the Fourth Circuit

Michael Kennedy v. United States

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-1790

MICHAEL E. KENNEDY,

Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, Chief District Judge. (1:14-cv-00914-CCB)

Submitted: December 18, 2014 Decided: December 22, 2014

Before SHEDD, WYNN, and THACKER, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

Michael Edward Kennedy, Appellant Pro Se. Neil R. White, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Michael E. Kennedy appeals the district court’s order

granting the United States’ motion to dismiss for lack of

subject matter jurisdiction Kennedy’s complaint alleging a claim

pursuant to the Federal Tort Claims Act,

28 U.S.C. §§ 2671-2680

(2012). We have reviewed the record and find no reversible

error. Accordingly, although we modify the dismissal order to

reflect that the dismissal is without prejudice, see S. Walk at

Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands,

LLC,

713 F.3d 175

, 185 & n.4 (4th Cir. 2013), we affirm the

dismissal as modified. See

28 U.S.C. § 2106

(2012); MM ex rel.

DM v. Sch. Dist. of Greenville Cnty.,

303 F.3d 523

, 536 (4th

Cir. 2002). 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 AS MODIFIED

2

Reference

Status
Unpublished