Dunaway v. USA

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 99-31095
TIMOTHY K. DUNAWAY,
Plaintiff-Appellant,
VERSUS
UNITED STATES OF AMERICA, ET AL.
Defendants,
UNITED STATES OF AMERICA,
Defendant-Appellee,
VERSUS
RODNEY STRAIN,
Defendant-Appellant.
Appeal from the United States District Court
For the Eastern District of Louisiana
98-CV-2035-R
March 28, 2001
Before REYNALDO G. GARZA, DAVIS and JONES, Circuit Judges.
DAVIS, Circuit Judge.*

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2
Timothy Dunaway filed this suit against the United States
under the Suits in Admiralty Act, 46 U.S.C.A. § 741, et. seq., for
injuries he sustained when his boat ran aground on a sandbar in the
Pearl River Navigation Canal. The district court dismissed the
suit on grounds that the U.S. had not waived sovereign immunity.
The court rejected Dunaway’s argument that immunity was waived
because this claim fell within the discretionary function exception
of the Federal Tort Claims Act.
Based on the reasoning of our unpublished opinion in Theriot
v. St. Farm Fire, 165 F. 3d. 24 (5th Cir. 1998)(unpublished)[insert
publication citation when available] and for reasons assigned by
the district court in its thorough Order and Reasons of September
2, 1999, 1999 U.S. Dist. LEXIS 13800 [insert publication citation
when available], we affirm the judgment of the district court.
AFFIRMED.

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