Michael Kennedy v. US

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-00914-CCB. Copies to all parties and the district court. [999498145]. Mailed to: Appellant. [14-1790]

Appeal: 14-1790

Doc: 6

Filed: 12/22/2014

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1790

MICHAEL E. KENNEDY,
Plaintiff - Appellant,
v.
UNITED STATES OF AMERICA,
Defendant - Appellee.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, Chief District
Judge. (1:14-cv-00914-CCB)

Submitted:

December 18, 2014

Decided:

December 22, 2014

Before SHEDD, WYNN, and THACKER, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

Michael Edward Kennedy, Appellant Pro Se.
Neil R. White,
Assistant United States Attorney, Greenbelt, Maryland, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-1790

Doc: 6

Filed: 12/22/2014

Pg: 2 of 2

PER CURIAM:
Michael E. Kennedy appeals the district court’s order
granting

the

United

States’

motion

to

dismiss

for

lack

of

subject matter jurisdiction Kennedy’s complaint alleging a claim
pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680
(2012).

We have reviewed the record and find no reversible

error.

Accordingly, although we modify the dismissal order to

reflect that the dismissal is without prejudice, see S. Walk at
Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands,
LLC, 713 F.3d 175, 185 & n.4 (4th Cir. 2013), we affirm the
dismissal as modified.

See 28 U.S.C. § 2106 (2012); MM ex rel.

DM v. Sch. Dist. of Greenville Cnty., 303 F.3d 523, 536 (4th
Cir. 2002).

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 AS MODIFIED

2