USCA4 Appeal: 23-1077 Doc: 11 Filed: 05/23/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1077

KENNITH HARVEY, Plaintiff - Appellant, v. UNITED STATES OF AMERICA, Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David J. Novak, District Judge. (3:22-cv-00169-DJN)

Submitted: May 18, 2023 Decided: May 23, 2023

Before NIEMEYER, RICHARDSON, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kennith Harvey, Appellant Pro Se. Elizabeth Wu, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-1077 Doc: 11 Filed: 05/23/2023 Pg: 2 of 2

PER CURIAM: Kennith Harvey appeals the district court’s order dismissing without prejudice his civil complaint filed pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671- 80, for failure to state a claim and for failure to exhaust administrative remedies. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Harvey v. United States, No. 3:22-cv-00169-DJN (E.D. Va. Dec. 2, 2022). 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