Elzey Frederick Jones, Jr v. RONALD S. BURKE, JR., Department of Veterans Affairs

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1882
ELZEY FREDERICK JONES, JR.,
Plaintiff - Appellant,
versus
RONALD S. BURKE, JR., Department of Veterans
Affairs,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, District Judge.
(1:05-cv-02358-JFM)
Submitted: October 31, 2006 Decided: November 2, 2006
Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Elzey Frederick Jones, Jr., Appellant Pro Se. Tarra R. DeShields-
Minnis, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Elzey Frederick Jones, Jr., appeals the district court’s
order dismissing this action for failure to exhaust his
administrative remedies in accordance with the provisions of the
Federal Tort Claims Act. We have reviewed the record and find no
reversible error. Accordingly, we modify the dismissal of Jones’
claim to be without prejudice and affirm as modified for the
reasons stated by the district court. Jones v. Burke, No. 1:05-cv-
02358-JFM (D. Md. June 21, 2006). We deny Jones’ motions for
default judgment and 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 AS MODIFIED

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