Cyrus Khabiri v. G. Kennedy Thompson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1395
CYRUS KHABIRI,
Plaintiff - Appellant,
versus
G. KENNEDY THOMPSON; NORTHERN NECK CHEVROLET-
PONTIAC; KENN THOMPSON; WACHOVIA; FIRST UNION
CORPORATION,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, District
Judge. (CA-01-660-3)
Submitted: August 26, 2002 Decided: September 23, 2002
Before NIEMEYER, LUTTIG, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Cyrus Khabiri, Appellant Pro Se. Paul Wilbur Jacobs, II, Rowland
Braxton Hill, IV, CHRISTIAN & BARTON, Richmond, Virginia; Gary
Robert Reinhardt, Wayne Barry Montgomery, KALBAUGH, PFUND &
MESSERSMITH, P.C., Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* On appeal, Khabiri asserts for the first time that one or
more of the defendants committed odometer fraud. While federal
courts possess jurisdiction to entertain such claims, see 49 U.S.C.
§ 32710 (1994), Khabiri may not litigate on appeal a claim he
failed to raise in the district court. Accordingly, we decline to
consider Khabiri’s assertion of odometer fraud.
2
PER CURIAM:
Cyrus Khabiri appeals from the district court’s order
dismissing his civil tort action for lack of subject matter
jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1).
We have reviewed the district court’s opinion and find no
reversible error. * Accordingly, we affirm on the reasoning of the
district court. See Khabiri v. Thompson, No. CA-01-660-3 (E.D. Va.
Feb. 19, 2002). We deny Khabiri’s motion for oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED

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