Hurt v. United States

240 F. App'x 871

Opinion

PER CURIAM.

Tyrone Hurt appeals the judgment of the Court of Federal Claims dismissing his claims for lack of subject matter jurisdiction, Hurt v. United States, No. 05-CV-8 (Fed.Cl. Jan. 24, 2007). We affirm.

Summary affirmance of a case “is appropriate, inter alia, when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists.” Joshua v. United States, 17 F.3d 378, 380 (Fed.Cir.1994) (summarily affirming the Court of Federal Claims’ dismissal of a complaint). Having reviewed the papers and Hurt’s brief, it is clear that the trial court correctly concluded that it lacked jurisdiction over Hurt’s case and dismissal was warranted. Thus, because no substantial question exists regarding the outcome of Hurt’s appeal, the court summarily affirms the judgment of the Court of Federal Claims dismissing Hurt’s case.

COSTS

Each party shall bear its own costs.