Summary
finding that allegations of de minimis physical injuries are insufficient "to recover damages for mental and emotional injuries" under the FTCA
Summary of this case from Negron v. United StatesOpinion
No. 07-6620.
Submitted: February 6, 2008.
Decided: February 15, 2008.
Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Thomas E. Johnston, District Judge. (5:05-cv-00696).
Victor Calderon, Appellant Pro Se. Stephen Michael Horn, Assistant United States Attorney, Charleston, West Virginia, for Appellees.
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Victor Calderon appeals the district court's order accepting the recommendation of the magistrate judge and granting Defendants' motion for summary judgment on Calderon's complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and the Federal Tort Claims Act, 28 U.S.C.A §§ 1346, 2671-2680 (West 2006 Supp. 2007). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Calderon v. Foster, No. 5:05-cv-00696, 2007 WL 1010383 (S.D.W.Va. Mar. 30, 2007). 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.