Lawrence Mattison v. United States ( 2021 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 20-1429
    LAWRENCE ELIOT MATTISON,
    Plaintiff - Appellant,
    v.
    UNITED STATES OF AMERICA,
    Defendant - Appellee,
    and
    JANIE D. WILLIS; SCOTT F. BROWN; MICHAEL H. DUNFEE,
    Defendants.
    Appeal from the United States District Court for the Eastern District of Virginia, at
    Newport News. Robert G. Doumar, Senior District Judge. (4:18-cv-00061-RGD-DEM)
    Submitted: February 26, 2021                                  Decided: March 9, 2021
    Before WILKINSON, WYNN, and RICHARDSON, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Lawrence Eliot Mattison, Appellant Pro Se. Sean Douglas Jansen, Assistant United States
    Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    2
    PER CURIAM:
    Lawrence Eliot Mattison appeals the district court’s order granting Defendant’s
    motion to dismiss and dismissing Mattison’s claims brought pursuant to the Federal Tort
    Claims Act, 
    28 U.S.C. §§ 1346
    , 2671-80. We have reviewed the record and find no
    reversible error. Accordingly, we affirm the district court’s order and judgment for the
    alternate reasons stated by the district court. * Mattison v. United States, No. 4:18-cv-
    00061-RGD-DEM (E.D. Va. Feb. 24, 2020). We dispense with oral argument because the
    facts and legal contentions are adequately presented in the materials before this court and
    argument would not aid the decisional process.
    AFFIRMED
    *
    In its conclusion that Mattison was judicially estopped from pursuing his claims,
    the district court mistakenly “focus[ed] exclusively on whether [Mattison] knew of the
    factual basis for [his] legal claims when [he] filed for bankruptcy” and, therefore, “failed
    to give full effect to the principle that without bad faith, there can be no judicial estoppel.”
    Martineau v. Wier, 
    934 F.3d 385
    , 394 (4th Cir. 2019) (internal alteration and quotation
    marks omitted). However, the court provided several additional grounds for dismissal, and
    we affirm on those alternate grounds.
    3
    

Document Info

Docket Number: 20-1429

Filed Date: 3/9/2021

Precedential Status: Non-Precedential

Modified Date: 3/9/2021