MARIA KELLY, Individually, as Surviving Parent v. TOTAL HEALTH CARE, Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-1380
MARIA KELLY, Individually, as Surviving Parent
and as Personal Representative of the Estate
of Tanya Marie Stanley; CHARLES STANLEY, as
Surviving Parent of Tanya Marie Stanley,
Plaintiffs - Appellants,
versus
TOTAL HEALTH CARE, Incorporated; UNITED STATES
OF AMERICA,
Defendants - Appellees,
and
TAYLOR RINTHIA STANLEY, a minor by her mother
and next friend, Maria Kelly; TERRI ELIZABETH
STANLEY, a minor by her mother and next
friend, Maria Kelly; KFC NATIONAL MANAGEMENT
CO., Incorporated; KENTUCKY FRIED CHICKEN OF
CALIFORNIA, INCORPORATED,
Parties in Interest.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Chief District Judge.
(CA-99-2433-JFM)
Submitted: December 12, 2000 Decided: January 23, 2001

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Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
L. Teri Spradlin-Dahn, THE LAW OFFICE OF L. TERI SPRADLIN-DAHN,
Annapolis, Maryland, for Appellants. Lynne A. Battaglia, United
States Attorney, Allen F. Loucks, Assistant United States Attorney,
Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Appellants Maria Kelly and Charles Stanley appeal the district
court’s order dismissing their medical malpractice action pursuant
to Fed. R. Civ. P. 12(b)(1). We have reviewed the record and the
district court’s opinion and find no reversible error. We there-
fore affirm the dismissal of this action on the reasoning of the
district court. See Kelly v. Total Health Care, Inc., No. CA-99-
2433-JFM (D. Md. Jan. 31, 2000); see 28 U.S.C. § 2401(b) (1994);
Gould v. United States Dep’t of Health & Human Servs., 905 F.2d
738, 742 (4th Cir. 1990) (en banc). We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the deci-
sional process.
AFFIRMED

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