Miller v. United States

BUNTON, District Judge.

Leonce Miller appeals the district court’s dismissal of his negligence action against the United States, claiming the court’s finding that his injuries arose during the course of activity incident to his military service was erroneous as a matter of law. Because we agree with the district court’s conclusion that it lacked subject matter jurisdiction over Miller’s claims, we affirm the dismissal.

I. Facts

Miller received an appointment to the United States Naval Academy in Annapolis, Maryland, in March of 1991. As required, he reported to the Academy on July 9,1991, and…