Inman v. United States

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 16, 2005
• Docket: 05-1377
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1377

JOHN EDWARD INMAN,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Malcolm J. Howard, District Judge. (CA-03-49-4-H)

Submitted: November 2, 2005 Decided: November 16, 2005

Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Charles K. McCotter, Jr., MCCOTTER, ASHTON & SMITH, P.A., New Bern, North Carolina, for Appellant. Frank D. Whitney, United States Attorney, Anne M. Hayes, Neal I. Fowler, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

John Edward Inman appeals the district court’s order

dismissing his civil action under the Federal Tort Claims Act for

injuries he received in a single vehicle accident on a national

forest road. The district court concluded it lacked subject matter

jurisdiction under Fed. R. Civ. P. 12(b)(1) and the discretionary

function and independent contractor exceptions to the FTCA. We

have reviewed the record and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See

Inman v. United States, No. CA-03-49-4-H (E.D.N.C. Feb. 9, 2005).

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

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