Filed: Feb. 24, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1250 MEW SPORTING GOODS, LLC, Petitioner - Appellant, v. DAVID D. JOHANSEN, Director of Industry Operations Louisville Field Division Bureau of Alcohol, Tobacco, Firearms & Explosives, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:13-cv-00010-IMK) Submitted: December 19, 2014 Decided: February 24, 2015 Before
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1250 MEW SPORTING GOODS, LLC, Petitioner - Appellant, v. DAVID D. JOHANSEN, Director of Industry Operations Louisville Field Division Bureau of Alcohol, Tobacco, Firearms & Explosives, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:13-cv-00010-IMK) Submitted: December 19, 2014 Decided: February 24, 2015 Before ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1250
MEW SPORTING GOODS, LLC,
Petitioner - Appellant,
v.
DAVID D. JOHANSEN, Director of Industry Operations
Louisville Field Division Bureau of Alcohol, Tobacco,
Firearms & Explosives,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley,
District Judge. (1:13-cv-00010-IMK)
Submitted: December 19, 2014 Decided: February 24, 2015
Before NIEMEYER, DUNCAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Dan M. Peterson, DAN M. PETERSON PLLC, Fairfax, Virginia, for
Appellant. William J. Ihlenfeld, II, United States Attorney,
Alan G. McGonigal, Assistant United States Attorney, Wheeling,
West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
MEW Sporting Goods, LLC (“MEW”), appeals the district
court’s order granting summary judgment to David D. Johansen and
dismissing MEW’s petition for review of an order of the
Department of Justice, Bureau of Alcohol, Tobacco, Firearms and
Explosives, finding that MEW willfully violated the requirements
of the Federal firearms laws and denying it a license under 18
U.S.C.A. § 923 (West 2000 & Supp. 2014). We affirm.
We review a district court’s grant of summary judgment
de novo, “viewing the facts and the reasonable inferences drawn
therefrom in the light most favorable to the nonmoving party.”
Emmett v. Johnson,
532 F.3d 291, 297 (4th Cir. 2008); see also
Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 255 (1986).
Summary judgment is proper “if the movant shows that there is no
genuine dispute as to any material fact and the movant is
entitled to judgment as a matter of law.” Fed. R. Civ. P.
56(a). If the moving party sufficiently supports its motion for
summary judgment, the nonmoving party must demonstrate “that
there are genuine issues of material fact.”
Emmett, 532 F.3d at
297.
We have reviewed the record and the district court’s
memorandum opinion and order and find no reversible error.
Accordingly, we affirm the district court’s order. See MEW
Sporting Goods, LLC v. Johansen, No. 1:13-cv-00010-IMK (N.D. W.
2
Va. Jan. 21, 2014). We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
AFFIRMED
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