Sweeting v. Cook ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1465
MARY J. SWEETING, individually and as
administrator of the estate of Glenn J.
Sweeting,
Plaintiff - Appellant,
and
LARISSE COWARD, individually and on behalf of
K.C., a minor (DOB 2000); NICOLE JENNINGS,
individually and on behalf of G.S., a minor
(DOB 2000); TABATHA LESTER, individually and
on behalf of K.L., a minor (DOB 1997); ANGELA
WINSTON, individually and on behalf of K.W., a
minor (DOB 1998); MAXINE TIMBERLAKE,
individually and on behalf of S.S., a minor
(DOB 1990),
Plaintiffs,
versus
ROBERT COOK, Special Agent, Richmond FBI,
individually and in his official capacity;
GARY F. JENNINGS, Special Agent, Richmond FBI,
individually and in his official capacity;
UNITED STATES OF AMERICA; MARK SYKES, Squad 3
Supervisor, Richmond FBI, individually and in
his official capacity; FEDERAL BUREAU OF
INVESTIGATION; CHESTERFIELD COUNTY POLICE
DEPARTMENT; WILLIAM GORMLEY, Medical
Examiner’s Office, individually and in his
official capacity,
Defendants - Appellees,
and
JOHN DOE, FBI Agents, individually and in
their official capacities; JANE DOE, FBI
Agents, individually and in their official
capacities; DONALD W. THOMPSON, JR., Special
Agent in Charge, Richmond FBI, individually
and in his official capacity; JOHN DOE,
individually and in their official capacities;
JANE DOE, individually and in their official
capacities,
Defendants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:06-cv-00332-JRS)
Submitted: October 31, 2007 Decided: December 28, 2007
Before MICHAEL, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mary J. Sweeting, Appellant Pro Se. Debra Jean Prillaman,
Assistant United States Attorney, Robert P. McIntosh, OFFICE OF THE
UNITED STATES ATTORNEY, Richmond, Virginia; Steven Latham Micas,
County Attorney, David Wayne Robinson, COUNTY ATTORNEY’S OFFICE,
Chesterfield, Virginia; Howard Martin Casway, Assistant Attorney
General, David Edward Johnson, OFFICE OF THE ATTORNEY GENERAL OF
VIRGINIA, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Mary J. Sweeting appeals the district court’s order
dismissing her civil complaint pursuant to Fed. R. Civ. P. 12(b).
We have reviewed the record and find no reversible error.
Accordingly, we affirm substantially on the reasoning of the
district court.* Sweeting v. Cook, No. 3:06-cv-00332-JRS (E.D. Va.
Mar. 14 & 22, 2007). We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
*
We are precluded from reviewing claims or arguments not
presented before us for review. 4th Cir. R. 34(b). Thus, to the
extent Sweeting may have had a potentially viable claim not
presented to this court, review of such a claim is deemed waived.
Id. To the extent Sweeting seeks to raise issues for the first
time on appeal, we decline to consider such claims. See Muth v.
United States, 1 F.3d 246, 250 (4th Cir. 1993). Sweeting’s claim
regarding the Appellees’ alleged failure to notify her of her son’s
death is without merit for the same reasons relied upon by the
district court in dismissing the rest of Sweeting’s complaint.
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