Daniel Davis v. US

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:08-ct-03130-FL Copies to all parties and the district court/agency. [998440203] [10-6865]

Download PDF
Daniel Davis v. US Doc. 0 Case: 10-6865 Document: 13 Date Filed: 10/06/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6865 DANIEL PROFIT DAVIS, Plaintiff - Appellant, v. UNITED STATES OF AMERICA; CHATMAN, in her individual and official capacity as Physician's Assistant; DEE, in her individual and official capacity as Physician's Assistant; DOCTOR PHILLIPS, in his individual and official capacity as Physician; KERRY MODERN, in his individual and official capacity as Counselor; X-RAY TECHNICIAN, in his individual and official capacity as X-Ray Technician, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:08-ct-03130-FL) Submitted: September 28, 2010 Decided: October 6, 2010 Before WILKINSON, SHEDD, and DAVIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Daniel Profit Davis, Appellant Pro Se. Matthew Fesak, Assistant United States Attorney, Tobin Webb Lathan, Michael Gordon James, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees. Dockets.Justia.com Case: 10-6865 Document: 13 Date Filed: 10/06/2010 Page: 2 Unpublished opinions are not binding precedent in this circuit. 2 Case: 10-6865 Document: 13 Date Filed: 10/06/2010 Page: 3 PER CURIAM: Daniel Profit Davis, a federal inmate, appeals the district court's order granting summary judgment to the United States and dismissing his civil action filed pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 2671 to 2680 (2006). We review a district court's grant of a motion for summary judgment de novo, applying the same legal standards as the district court. 2008). Nader v. Blair, 549 F.3d 953, 958 (4th Cir. Summary judgment shall be granted "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Civ. P. 56(a). Fed. R. Thus, summary judgment is appropriate when it is clear that no genuine issue of material fact remains unresolved and an inquiry into the facts is unnecessary to clarify the application of the law. Haavistola v. Community Fire Co. of We have reviewed Rising Sun, 6 F.3d 211, 214 (4th Cir. 1993). the record and the district court's order and affirm for the reasons stated by the district court. Davis v. United States, We dispense with contentions the court are and No. 5:08-ct-03130-FL (E.D.N.C. May 18, 2010). oral argument because in the the facts and legal before adequately presented materials argument would not aid the decisional process. AFFIRMED 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?