Frank Kula v. US, No. 09-1331 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1331 FRANK S. KULA, Plaintiff - Appellant, v. UNITED STATES OF AMERICA, Defendant - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Robert E. Maxwell, Senior District Judge. (3:07-cv-00114-REM-JES) Submitted: June 22, 2009 Decided: June 29, 2009 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Frank S. Kula, Appellant Pro Se. Rita R. Valdrini, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Frank accepting dismissing the his S. Kula appeals recommendation civil of complaint the district the for magistrate lack of jurisdiction and for failure to state a claim. the record and find no reversible error. court s order judge subject and matter We have reviewed Accordingly, we affirm for the reasons stated by the district court. See Kula v. United States, No. 3:07-cv-00114-REM-JES (N.D.W. Va. Jan. 28, 2009). legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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