Robert Zander v. Harley Lappin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998965608-2] Originating case number: 5:08-ct-03117-FL Copies to all parties and the district court/agency. [999038424]. Mailed to: Robert Zander. [12-7638]

Appeal: 12-7638

Doc: 12

Filed: 02/07/2013

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7638

ROBERT ALEX ZANDER,
Plaintiff - Appellant,
v.
HARLEY LAPPIN; KIM WHITE; GERALDO MALDONADO, JR.; RONALD W.
RIKER; TRACY W. JOHNS; JOSEPH P. YOUNG; KENNETH MOTTERN,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:08-ct-03117-FL)

Submitted:

January 31, 2013

Decided:

February 7, 2013

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert Alex Zander, Appellant Pro Se.
Michael Bredenberg,
FEDERAL MEDICAL CENTER, Butner, North Carolina; Seth Morgan
Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-7638

Doc: 12

Filed: 02/07/2013

Pg: 2 of 2

PER CURIAM:
Robert A. Zander appeals the district court’s order
dismissing

without

prejudice

for

failure

to

exhaust

administrative remedies his complaint filed pursuant to Bivens
v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403
U.S.

(1971). *

388

reversible

We

error.

have

reviewed

Accordingly,

the

although

record
we

and

grant

find

no

leave

to

proceed in forma pauperis, we affirm for the reasons stated by
the

district

court.

Zander

(E.D.N.C. Aug. 1, 2012).

v.

Lappin,

No.

5:08-ct-03117-FL

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

*

We
Zander’s
remedies
findings.
(4th Cir.

vacated the district court’s prior order dismissing
complaint
for
failure
to
exhaust
administrative
and remanded to the district court for further
See Zander v. Lappin, No. 10-6484, 415 F. App’x 491
2011).

2