Inko-Tariah v. Lappin

Filing 920070816


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6242 CHARLES A. INKO-TARIAH, Plaintiff - Appellant, versus HARLEY G. LAPPIN, Director, Federal Bureau of Prisons; ART F. BEELER, Warden, Federal Medical Center, Butner; MONA HORTON, Supervisor of Education, Federal Medical Center, Butner; MARY ELLIS, Director of Nursing, Federal Medical Center, Butner, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:05-ct-00585-H) Submitted: July 18, 2007 Decided: August 16, 2007 Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges. Remanded by unpublished per curiam opinion. Charles A. Inko-Tariah, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charles A. Inko-Tariah appeals the dismissal of his complaint alleging violations of the Americans with Disabilities Act of 1990, 42 U.S.C. 12131 et seq. (ADA); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (RA); 42 U.S.C. 1983; and the North Carolina Anti-Discrimination statute codified at North Carolina General Statutes 168A. Because the district court failed to address Inko- Tariah's RA claims, we remand to the district court for the limited purpose of considering these claims. Upon disposition of this claim, the district court should return the record as supplemented to this court for final adjudication of Inko-Tariah's appeal. REMANDED - 2 -

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