Walter Copenhaver v. Michael Astrue, Commissioner

U.S. Court of Appeals for the Fifth Circuit
Walter Copenhaver v. Michael Astrue, Commissioner, 488 F. App'x 840 (5th Cir. 2012)

Walter Copenhaver v. Michael Astrue, Commissioner

Opinion

PER CURIAM: *

IT IS ORDERED that Appellant Walter Copenhaver’s Motion to Supplement Appellant’s Brief on Appeal is GRANTED.

IT IS FURTHER ORDERED that Ap-pellee Michael J. Astrue’s Opposed Motion to Affirm the District Court Dismissal for Lack of Jurisdiction is GRANTED.

IT IS FURTHER ORDERED that Ap-pellee Eric Shinseki’s Opposed Motion to Dismiss Appeal for Lack of Jurisdiction is DENIED. However, our review of the record confirms that the district court did not err in concluding that it lacked subject matter jurisdiction over Appellant Walter Copenhaver’s claims against the Department of Veterans Affairs. See 38 U.S.C. § 511; Zuspann v. Brovm, 60 F.3d 1156, 1158-60 (5th Cir. 1995). The district court did err in one minor respect: its order states that Copenhaver’s claims against the Department of Veterans Affairs are “DISMISSED WITH PREJUDICE.” We modify this portion of the order to read “DISMISSED WITHOUT PREJUDICE.” The district court’s dismissal, as so modified, is therefore AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
Walter A. COPENHAVER, Plaintiff-Appellant v. Michael J. ASTRUE, Commissioner of Social Security; Eric K. Shinseki, Secretary of Veterans Affairs, Defendants-Appellees
Status
Unpublished