IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30184
USDC No. 95-CV-1950
Summary Calendar
STUART H. SMITH, JR.,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
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September 12, 1997
Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Stuart H. Smith, Jr., appeals the district court’s dismissal
of his claim under the Federal Tort Claims Act for lack of
subject matter jurisdiction. Smith also appeals the denial of
attorney fees following a partial summary judgment in his favor
under the Freedom of Information Act and he argues that the
district court should have ordered the United States Coast Guard
*
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this opinion should not be published and is not precedent except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 5th Cir. R. 47.5.4.
O R D E R
No. 97-30184
- 2 -
to produce the “entire file” related to its investigation of a
marine accident in which Smith was involved. We have reviewed
the record and the briefs of the parties and AFFIRM for
essentially the same reasons set forth by the district court.
Smith v. United States, No. CA 95-1950 (E.D. La. October 6, 1995;
November 14, 1995; and December 4, 1996). Smith’s request for
discovery and production of documents is DENIED.
AFFIRMED; MOTION FOR DISCOVERY AND PRODUCTION OF DOCUMENTS
DENIED.