Frank S. Kula v. United States of America

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1331
FRANK S. KULA,
Plaintiff - Appellant,
v.
UNITED STATES OF AMERICA,
Defendant - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. Robert E. Maxwell,
Senior District Judge. (3:07-cv-00114-REM-JES)
Submitted: June 22, 2009 Decided: June 29, 2009
Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Frank S. Kula, Appellant Pro Se. Rita R. Valdrini, Assistant
United States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Frank S. Kula appeals the district court’s order
accepting the recommendation of the magistrate judge and
dismissing his civil complaint for lack of subject matter
jurisdiction and for failure to state a claim. We have reviewed
the record and find no reversible error. Accordingly, we affirm
for the reasons stated by the district court. See Kula v.
United States, No. 3:07-cv-00114-REM-JES (N.D.W. Va. Jan. 28,
2009). 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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