Gilbert Spurlock v. United States Army Corps of En

Filing 920090121


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2064 GILBERT L. SPURLOCK, Plaintiff - Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS; MARK ADKINS, Defendants - Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:07-cv-00643-RCC) Submitted: January 5, 2009 Decided: January 21, 2009 Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Gilbert L. Spurlock, Appellant Pro Se. Carol A. Casto, Assistant United States Attorney, Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gilbert L. Spurlock appeals the district court's order accepting the report and recommendation of the magistrate judge and dismissing his civil complaint for lack of jurisdiction. have reviewed the record we for and grant the v. find leave no to stated Corps reversible proceed by of the in We error. forma Accordingly, pauperis, court. we See although affirm reasons Army district No. Spurlock U.S. Eng'rs, 3:07-cv-00643-RCC (S.D.W. Va. Aug. 21, 2008). oral argument because in the the facts and legal before We dispense with contentions the court are and adequately presented materials argument would not aid the decisional process. AFFIRMED 2

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