Barber v. Sec Dept Vet Affair

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-20508 Summary Calendar GLENN BARBER, Plaintiff-Appellant, versus OFFICE OF THE SECRETARY DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee. Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CV-4158 October 21, 2002 Before GARWOOD, JOLLY and SMITH, Circuit Judges. PER CURIAM:* Glenn Barber appeals the district court’s dismissal for lack of subject-matter jurisdiction of his case against the Department of Veterans Affairs (VA). He argues that the district court had jurisdiction over his claims against the VA under 28 U.S.C. § 1331 and 1346(b)(1). These general jurisdiction statutes do not * 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 R.47.5 the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. constitute waivers of sovereign immunity. Shanbaum v. United States, 32 F.3d 180, 182 (5th Cir. 1994). We have carefully reviewed Barber’s remaining arguments. Our independent review of the appellate record reveals that the district court did not err in concluding that the district court lacked jurisdiction over the suit. Zuspann v. Brown, 60 F.3d 1156, 1158-59 (5th Cir. 1995); Shanbaum at 182. The district court’s dismissal is therefore AFFIRMED.1 1 The district court’s judgment order dated April 18, 2002, concludes by stating “DISMISSED WITH PREJUDICE;” we modify this portion of the order to read “DISMISSED FOR WANT OF JURISDICTION.” 2