Charles D. Counts, Sr., Plaintiff-appellant, v. Farmers Home Administration; United States of America,defendants-appellees, 989 F.2d 491 (4th Cir. 1993)

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US Court of Appeals for the Fourth Circuit - 989 F.2d 491 (4th Cir. 1993) Submitted: January 25, 1993Decided: March 17, 1993

Appeal from the United States District Court for the Western District of Virginia, at Abingdon. James C. Turk, Chief District Judge. (CA-92-44-1)

Charles D. Counts, Sr., Appellant Pro Se.

John Francis Corcoran, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellees.

W.D. Va.

AFFIRMED.

Before WILKINSON and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:


OPINION

Charles D. Counts, Sr., appeals the district court's order substituting the United States as the Defendant in his civil action, and dismissing all claims. We find the district court did not abuse its discretion and that this appeal is without merit. Substitution of Defendants was proper under 28 U.S.C. § 2679(d) (2) (1988). Johnson v. Carter, F.2d, No. 90-3077 (4th Cir. Jan. 15, 1993) (in banc). Dismissal was required under 28 U.S.C. § 2680(h) (1988). See United States v. Smith, 59 U.S.L.W. 4201 (U.S. 1991). Accordingly, we affirm the district court's order. Counts v. Farmers Home Admin., No. CA-9244-1 (W.D. Va. April 24, 1992). 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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