Kim Polonczyk v. Carolyn Colvin, No. 13-1579 (8th Cir. 2013)

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Court Description: Civil case - Federal Tort Claims Act. Dismissal affirmed without comment. [ July 16, 2013

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1579 ___________________________ Kim Anthony Polonczyk lllllllllllllllllllll Plaintiff - Appellant v. Carolyn W. Colvin, Acting Commissioner; United States Department of Social Security lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: June 21, 2013 Filed: July 17, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Kim Polonczyk appeals the district court s1 order dismissing without prejudice his suit under the Federal Tort Claims Act. Having carefully reviewed the record and 1 The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri. considered Polonczyk s arguments for reversal, we agree with the district court s reasons for concluding that subject matter jurisdiction was lacking. See Riley v. United States, 486 F.3d 1030, 1031 (8th Cir. 2007) (de novo review). Accordingly, the judgment is affirmed. See 8th Cir. R. 47B. We also deny Polonczyk s pending motions, and we deny as moot Colvin s motion for additional time to respond. ______________________________ -2-

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