Kevin Umphreyville v. USDC WDVA, No. 13-1854 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1854 KEVIN C. UMPHREYVILLE, Plaintiff - Appellant, v. THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA, Harrisonburg Division; THE U. S. FOURTH CIRCUIT COURT OF APPEALS, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:12-cv-00635-F) Submitted: October 24, 2013 Decided: November 21, 2013 Before WYNN, DIAZ, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Kevin C. Umphreyville, Appellant Pro Se. Edward D. Gray, Assistant United States Attorney, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kevin C. Umphreyville appeals the district court s order and judgment dismissing his complaint brought pursuant to the Federal Tort Claims Act. find no reversible error. We have reviewed the record and Accordingly, reasons stated by the district court. * we affirm for the Umphreyville v. USDC, WDVA, No. 5:12-cv-00635-F (E.D.N.C. June 12, 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 * Although this court has been named as a defendant-appellee in this action, we exercise our discretion to decide the appeal pursuant to the Rule of Necessity. United States v. Will, 449 U.S. 200, 211-17, 101 S. Ct. 471, 66 L.Ed.2d 392 (1980). 2

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