Michael Duchelle Green v. United States, 1 F.3d 246, 250 4th Cir.1993 . Accordingly, we affirm the

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6160
MICHAEL DUCHELLE GREEN,
Plaintiff - Appellant,
versus
MECKLENBURG COUNTY JAIL,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District
Judge. (CA-04-754-3)
Submitted: July 27, 2005 Decided: August 2, 2005
Before KING, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael Duchelle Green, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Michael Duchelle Green appeals the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his complaint filed under the Federal Tort Claims Act and
also construed under 42 U.S.C. § 1983 (2000). For the first time
on appeal, Green alleges that he sustained an injury from a fall
that could have been avoided had he received adequate medical care
for his back. Green did not make this allegation in his complaint
filed with the district court. Arguments not properly presented to
the district court cannot be raised for the first time on appeal.
See Muth v. United States, 1 F.3d 246, 250 (4th Cir.1993).
Accordingly, we affirm the order of the district court. See Green
v. Mecklenburg County Jail, No. CA-04-754-3 (E.D. Va. Jan. 21,
2005). 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 decisional process.
AFFIRMED

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