UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2437
JOAN G. BARTLETT,
Plaintiff - Appellant,
versus
UNITED STATES OF AMERICA,
Defendant - Appellee.
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BERLESTINE B. SPARKS,
Amicus Supporting Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CA-04-222-1)
Submitted: October 26, 2005 Decided: November 15, 2005
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Daniel J. O’Connell, PETERSON NOLL & GOODMAN, P.L.C., Vienna,
Virginia; Gary R. Sheehan, GARY R. SHEEHAN, LTD., Fairfax,
Virginia, for Appellant. Paul J. McNulty, United States Attorney,
Dennis C. Barghaan, Jr., Assistant United States Attorney,
Alexandria, Virginia, for Appellee; Stephen A. Horvath, TRICHILO,
BANCROFT, MCGAVIN, HORVATH & JUDKINS, P.C., Fairfax, Virginia, for
Amicus Supporting Appellant.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Joan G. Bartlett appeals the district court’s order
dismissing her action filed under the Federal Tort Claims Act, 28
U.S.C. §§ 2671-2680 (2000), for failure to state a claim. The
district court properly concluded that Bartlett failed to show that
the driver of the vehicle that struck her was acting within the
scope of her employment at the time of the accident. See Smith v.
Landmark Communications, Inc., 431 S.E.2d 306 (Va. 1993).
Accordingly, we affirm for the reasons stated by the district
court. See Bartlett v. United States, No. CA-04-222-1 (E.D. Va.
filed Sept. 13, 2004 & entered Sept. 15, 2004). 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
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