1Starr Dalton v. WV Division of Corrections

Filing 920100127

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7692 1STARR DALTON, Plaintiff Appellant, v. WEST VIRGINIA DIVISION OF CORRECTIONS; DAVID BALLARD, Warden; JIM RUBENSTEIN; SAMUEL KEENAN, Corporal; DONNA BRAENOVICH, Corporal; DARREN KOZART, Correctional Officer II; JARED ALSOP, Correctional Officer II; DEREK MCKINNEY, Lieutenant; JASON CLAUDELL, Captain; BRIAN GREENWOOD, Defendants Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, Chief District Judge. (2:08-cv-01151) Submitted: January 19, 2010 Decided: January 27, 2010 Before NIEMEYER, KING, and DAVIS, Circuit Judges. Affirmed as modified by unpublished per curiam opinion. 1Starr Dalton, Appellant Pro Se. Christopher James Sears, SHUMAN, MCCUSKEY & SLICER, PLLC, Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: 1Starr accepting the Dalton appeals of the the district court's judge order and recommendation magistrate dismissing his 42 U.S.C. 1983 (2006) complaint for failure to exhaust administrative remedies. and find no reversible error. We have reviewed the record Accordingly, we modify the dismissal of the action to be without prejudice and affirm as modified for the reasons stated by the district court. Dalton v. W. Va. Div. of Corr., No. 2:08-cv-01151 (S.D.W. Va. Aug. 25, 2009). facts and legal before We dispense with oral argument because the contentions the court are and adequately argument presented not in aid the the materials would decisional process. AFFIRMED AS MODIFIED 2

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