Toye Tutis v. United States ( 2023 )


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  • USCA4 Appeal: 22-7132      Doc: 14         Filed: 02/28/2023     Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 22-7132
    TOYE A. TUTIS,
    Plaintiff - Appellant,
    v.
    UNITED STATES OF AMERICA,
    Defendant - Appellee.
    Appeal from the United States District Court for the Northern District of West Virginia, at
    Wheeling. John Preston Bailey, District Judge. (5:22-cv-00211-JPB-JPM)
    Submitted: February 13, 2023                                 Decided: February 28, 2023
    Before NIEMEYER, KING, and HARRIS, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Toye A. Tutis, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 22-7132      Doc: 14         Filed: 02/28/2023      Pg: 2 of 2
    PER CURIAM:
    Toye A. Tutis appeals the district court’s order dismissing for lack of subject matter
    jurisdiction his civil action seeking relief under the Federal Tort Claims Act, 
    28 U.S.C. §§ 1346
    (b), 2671-80.     We have reviewed the record and find no reversible error.
    Accordingly, we affirm substantially for the reasons stated by the district court. Tutis v.
    United States, No. 5:22-cv-00211-JPB-JPM (N.D.W. Va. Sept. 8, 2022); see also
    Clendening v. United States, 
    19 F.4th 421
    , 432, 434-36 (4th Cir. 2021) (discussing
    discretionary function exception), cert. denied, 
    143 S. Ct. 11 (2022)
    . 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
    2
    

Document Info

Docket Number: 22-7132

Filed Date: 2/28/2023

Precedential Status: Non-Precedential

Modified Date: 3/1/2023