Frank Kula v. US

Filing 920090629

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1331

FRANK S. KULA, Plaintiff - Appellant, v. UNITED STATES OF AMERICA, Defendant - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Robert E. Maxwell, Senior District Judge. (3:07-cv-00114-REM-JES)

Submitted:

June 22, 2009

Decided:

June 29, 2009

Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Frank S. Kula, Appellant Pro Se. Rita R. Valdrini, Assistant United States Attorney, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Frank accepting dismissing the his S. Kula appeals of the the for district court's judge order and

recommendation civil

magistrate of

complaint

lack

subject

matter

jurisdiction and for failure to state a claim. the record and find no reversible error.

We have reviewed

Accordingly, we affirm See Kula v.

for the reasons stated by the district court.

United States, No. 3:07-cv-00114-REM-JES (N.D.W. Va. Jan. 28, 2009). legal before We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. AFFIRMED

2