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OWENS-EL v. U.S. ATTY. GEN.

No. 84-6241.

759 F.2d 349 (1985)

James Joseph OWENS-EL, Appellant, v. U.S. ATTORNEY GENERAL; Mr. Chadwick; Sally Johnson; Jesse James, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1985.

Attorney(s) appearing for the Case

Kenneth A. Zick, Associate Dean, Wake Forest University School of Law, Winston Salem, N.C., Anna Mills S. Wagoner, Third Year Law Student (Terry D. Horne, Third Year Law Student on brief), for appellant.

Stephen A. West, Asst. U.S. Atty. (Samuel T. Currin, U.S. Atty., Raleigh, N.C., on brief), for appellees.

Before RUSSELL and CHAPMAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

PER CURIAM:

Within six months of denial of his administrative claim of medical malpractice, the plaintiff, a federal prisoner, filed a complaint against the United States under the Federal Tort Claims Act. Although the complaint specifically alleged that it was brought under the Federal Tort Claims Act and though no state action of any kind was alleged, someone in the office of the Clerk of Court for the Eastern District...

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