Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 05-2503
EMMANUEL CABALLER-CAMACHO,
Plaintiff, Appellant,
v.
UNITED STATES OF AMERICA,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. José A. Fusté, U.S. District Judge]
Before
Torruella and Lynch, Circuit Judges,
and Young, District Judge.*
Dennis J. Cruz Pérez and Cruz, Rivera & Alvarez-Westwood on
brief for appellant.
Miguel A. Fernández and Fidel A. Sevillano Del Río, Assistant
United States Attorneys, and H.S. García, United States Attorney,
on brief for appellee.
May 18, 2006
*
Of the District of Massachusetts, sitting by designation.
Per Curiam. This appeal involves a claim brought under
the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq.,
against a doctor at a Veterans Administration clinic. After
careful review of the record, we discern no clear error in any of
the district court’s findings. Primus v. United States, 389 F.3d
231, 237 (1st Cir. 2004). Particularly, the district court’s
assessment of witness credibility was hardly clearly erroneous.
Since the appellant did not include the district court’s
findings and rulings in his addendum and apparently deliberately
refrained from citing them, we award double costs to appellee.
Fed. R. App. P. 30(a)(1); 1st Cir. R. 28(a)(1), 38.
Affirmed. Double costs to appellee.