UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-50898
Summary Calendar
HENRY MCCORD,
Plaintiff-Appellant,
VERSUS
UNITED STATES OF AMERICA,
Defendant-Appellee.
Appeal from the United States District Court
For the Western District of Texas
(EP-96-CV-164)
July 10, 1997
Before JONES, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Henry McCord appeals the dismissal of his medical-malpractice
suit for lack of subject-matter jurisdiction pursuant to 28 U.S.C.
§ 2401(b). McCord contends that the statute of limitations did not
bar his suit because his administrative tort claim was filed within
two years of the time he became aware of the factual predicate for
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
a possible medical malpractice claim. We have reviewed the record,
the district court’s opinion, and the briefs of the parties and
conclude that McCord’s claim against the United States was properly
dismissed. Accordingly, we affirm for essentially the reasons
given by the district court. See Kubrick v. United States, 444
U.S. 111, 118-124 (1977). We add that McCord’s filing of a state
court lawsuit was not sufficient, in this Circuit, to substitute
for filing notice of his administrative claim with the United
States Army within two years. See, e.g., Houston v. United States
Postal Service, 823 F.2d 896, 900-01 (5th Cir. 1987).
AFFIRMED.
2