Charles William Levy, Plaintiff--appellant, v. Thomas P. Rimmer; United States Postal Service,defendants--appellees, 50 F.3d 6 (4th Cir. 1995)

Annotate this Case
U.S. Court of Appeals for the Fourth Circuit - 50 F.3d 6 (4th Cir. 1995)

Submitted Feb. 16, 1995. Decided March 22, 1995

Charles William Levy, Appellant Pro Se. Larry Lee Gregg, Assistant United States Attorney, Peter J. Coniglio, Special Assistant United States Attorney, Alexandria, VA, for Appellees.

Before HAMILTON and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit Judge.


Charles W. Levy appeals from the district court's order dismissing his action filed against the United States Postal Service and the station manager of the Lincolnia, Virginia, post office, in which he alleged that the Defendants prevented him from distributing his campaign literature on postal service property. Levy brought a virtually identical claim against the Postal Service and the Postmaster of Annandale, Virginia, in Levy v. United States Postal Serv., No. 94-2345 (4th Cir. Dec. 5, 1994) (unpublished). As in that case, Levy's complaint here does not state a cognizable claim. See generally United States v. Kokinda, 497 U.S. 720 (1990) (upholding regulation prohibiting soliciting or political campaigning on postal service property); Gould v. Department of Health and Human Servs., 905 F.2d 738 (4th Cir. 1990) (sovereign immunity), cert. denied, 498 U.S. 1025 (1991). Accordingly, we affirm the district court's dismissal of Levy's complaint. 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.