Barto Usry v. United States ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6818
BARTO USRY,
Plaintiff – Appellant,
v.
UNITED STATES OF AMERICA,
Defendant – Appellee,
and
DOUGLASS WILLIS, Unit Manager,
Party-in-Interest.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp,
Jr., Senior District Judge. (5:11-cv-00141-FPS-JES)
Submitted: October 28, 2013 Decided: November 6, 2013
Before AGEE, DAVIS, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Barto Usry, Appellant Pro Se. Alan McGonigal, Assistant United
States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Barto Usry appeals the district court’s order
rejecting the magistrate judge’s recommendation and dismissing
his action under the Federal Tort Claims Act (“FTCA”) for lack
of subject matter jurisdiction. On appeal, Usry challenges the
district court’s conclusion that his FTCA claim is barred by the
discretionary function exception. See 28 U.S.C. § 2680(a)
(2006). We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. Usry v. United States, No. 5:11-cv-00141-FPS-
JES (N.D. W. Va. Mar. 25, 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
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