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    Virginia A. McCann v. Sheila Widnall, Acting Secretary of The Air Force, 13 F.3d 406, 10th Cir. (1993)

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    This document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case between Virginia McCann and the Secretary of the Air Force. The order affirms the district court's decision to dismiss McCann's complaint without prejudice for lack of subject matter jurisdiction. McCann, a civilian social worker for the Air Force, had challenged the revocation of her clinical privileges and the procedures used to revoke them. The appeals court reviewed the district court's decision de novo and found no legal error, so it affirmed the lower court's ruling.

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    Virginia A. McCann v. Sheila Widnall, Acting Secretary of The Air Force, 13 F.3d 406, 10th Cir. (1993)

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    This document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case between Virginia McCann and the Secretary of the Air Force. The order affirms the district court's decision to dismiss McCann's complaint without prejudice for lack of subject matter jurisdiction. McCann, a civilian social worker for the Air Force, had challenged the revocation of her clinical privileges and the procedures used to revoke them. The appeals court reviewed the district court's decision de novo and found no legal error, so it affirmed the lower court's ruling.

    Original Description:

    Filed: 1993-12-21 Precedential Status: Precedential Citations: 13 F.3d 406 Docket: 93-1108

    Original Title

    Virginia A. McCann v. Sheila Widnall, Acting Secretary of the Air Force, 13 F.3d 406, 10th Cir. (1993)

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    This document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case between Virginia McCann and the Secretary of the Air Force. The order affirms the district court's decision to dismiss McCann's complaint without prejudice for lack of subject matter jurisdiction. McCann, a civilian social worker for the Air Force, had challenged the revocation of her clinical privileges and the procedures used to revoke them. The appeals court reviewed the district court's decision de novo and found no legal error, so it affirmed the lower court's ruling.

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    10 views2 pages

    Virginia A. McCann v. Sheila Widnall, Acting Secretary of The Air Force, 13 F.3d 406, 10th Cir. (1993)

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    Scribd Government Docs
    This document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case between Virginia McCann and the Secretary of the Air Force. The order affirms the district court's decision to dismiss McCann's complaint without prejudice for lack of subject matter jurisdiction. McCann, a civilian social worker for the Air Force, had challenged the revocation of her clinical privileges and the procedures used to revoke them. The appeals court reviewed the district court's decision de novo and found no legal error, so it affirmed the lower court's ruling.

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    of 2

    13 F.

    3d 406
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    Virginia A. McCANN, Plaintiff-Appellant,


    v.
    Sheila WIDNALL, Acting Secretary of the Air Force,
    Defendant-Appellee.
    No. 93-1108.

    United States Court of Appeals, Tenth Circuit.


    Dec. 21, 1993.
    1

    Before MOORE and BRORBY, Circuit Judges, and VRATIL, ** District Judge.

    ORDER AND JUDGMENT1


    2

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination
    of this appeal. See Fed.R.App.P. 34(a); 10th Cir. R. 34.1.9. The case is
    therefore ordered submitted without oral argument.

    Plaintiff appeals the district court's decision dismissing her complaint without
    prejudice, pursuant to Fed.R.Civ.P. 12(b)(1), after concluding it lacked subject
    matter jurisdiction over plaintiff's asserted causes of action. Plaintiff, a civilian
    social worker employed by the Air Force, alleged three causes of action under
    the Administrative Procedure Act, see 5 U.S.C. 701-06, challenging both the
    Air Force's revocation of her clinical privileges, which were necessary to her
    continued employment with the Air Force, and the procedures the Air Force
    used to revoke those privileges.

    This court reviews a district court's decision concerning its subject matter
    jurisdiction de novo. Williams v. United States, 957 F.2d 742, 743 (10th
    Cir.1992). Upon careful review of the record and the parties' arguments on

    appeal, we find no legal error. We, therefore, AFFIRM the decision of the
    United States District Court for the District of Colorado for substantially the
    reasons stated in that court's order and memorandum dated January 31, 1993.

    **

    Honorable Kathryn H. Vratil, District Judge, United States District Court for
    the District of Kansas, sitting by designation

    This order and judgment has no precedential value and shall not be cited, or
    used by any court within the Tenth Circuit, except for purposes of establishing
    the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.
    R. 36.3

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