Mitchell v. GE American Spacenet

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-2624
BRIAN MITCHELL,
Plaintiff - Appellant,
versus
G.E. AMERICAN SPACENET,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. T. S. Ellis, III, District
Judge. (CA-96-969)
Submitted: May 1, 1997 Decided: May 7, 1997
Before WIDENER and MURNAGHAN, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Brian Mitchell, Appellant Pro Se. Thomasenia Patricia Duncan,
COVINGTON & BURLING, Washington, D.C., for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court's order dismissing his
complaint for damages under the Americans with Disabilities Act,
42 U.S.C.A. §§ 12101-12213 (West 1995), "Privacy Act of 1974," 5
U.S.C. § 552(a) (1994), and under the common law action of defama-
tion of character. The district court properly dismissed the claim
under the ADA and for defamation of character without prejudice
because Mitchell did not comply with Fed. R. Civ. P. 8 by failing
to provide a short and plain statement of the claim. The district
court properly dismissed the claim under the Privacy Act because
the Defendant is a private corporation and not an agency subject to
suit under the Act. See 5 U.S.C. § 552(f) (1994). We therefore af-
firm the district court order. Mitchell v. G.E. American Spacenet,
No. CA-96-969 (E.D. Va. Oct. 9, 1996). We dispense with oral argu-
ment because the facts and legal contentions are adequately pre-
sented in the materials before the court and argument would not aid
the decisional process.
AFFIRMED
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