Summary
holding plaintiff not excused from filing a certificate of merit because he had not established the applicable standard of care for the diagnosis and treatment of his broken hand
Summary of this case from Brown v. U.S. Dep't of JusticeOpinion
No. 12-8110
05-01-2013
LONNIE D. MORRIS, Plaintiff - Appellant, v. UNITED STATES OF AMERICA; FEDERAL BUREAU OF PRISON MEDICAL DEPARTMENT; E. BORHAM, Health Care (Gilmer - FCI) Administrative; ELLEN MACE-LEIBSON, D.O. Clinical Director; JAMES A. NOLTE, FNP; GILMER - F.C.I.; JOHN DOE; JANE DOE; ANDREA HALL, RN; UNKNOWN, Defendants - Appellees.
Lonnie D. Morris, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, District Judge. (3:12-cv-00073-GMG-DJJ) Before WILKINSON, MOTZ, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Lonnie D. Morris, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Lonnie D. Morris appeals the district court's order accepting the recommendation of the magistrate judge in part and dismissing his action filed under the Federal Tort Claims Act. We have reviewed the record and agree that Morris failed to comply with the requirements set forth in W. Va. Code Ann. § 55-7B-6 (LexisNexis 2008). Accordingly, we affirm for the reasons stated by the district court. Morris v. United States, No. 3:12-cv-00073-GMG-DJJ (N.D. W. Va. Dec. 5, 2012). 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