1Starr Dalton v. WV Division of Corrections

Filing 920100127

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Affirmed as modified by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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