Rodney Boomer v. Kuma Deboo; Shu Officer Barnes; Shu Officer Pharrell; Counselor Dickens

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6131
RODNEY BOOMER,
Plaintiff - Appellant,
v.
KUMA DEBOO; SHU OFFICER BARNES; SHU OFFICER PHARRELL;
COUNSELOR DICKENS,
Defendants - Appellees.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. John Preston Bailey,
Chief District Judge. (2:11-cv-00007-JPB-DJJ)
Submitted: May 4, 2012 Decided: May 9, 2012
Before GREGORY, DUNCAN, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Rodney Boomer, Appellant Pro Se. Alan McGonigal, Assistant
United States Attorney, Wheeling, West Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Rodney Boomer appeals the district court’s order
accepting the recommendation of the magistrate judge and
dismissing the claim he asserted under the Federal Tort Claims
Act (the “FTCA”), 28 U.S.C.A. §§ 2671-2680 (West 2006 & Supp.
2011). We have reviewed the record and find no reversible
error.* Accordingly, we deny Boomer’s pending motion to appoint
counsel and affirm the judgment of the district court. 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
* In so concluding, we find it unnecessary to evaluate
whether the district court correctly concluded that the prison
mailbox rule is inapplicable to FTCA administrative claims.
Even assuming the mailbox rule does apply, Boomer failed to
adduce any support for his unsworn recitation that his
administrative claim was submitted prior to his initiation of
this litigation. Thus, the district court properly concluded
that it lacked jurisdiction to entertain Boomer’s complaint.

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