Michael James v. Daniel Cotter

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion to appoint/assign counsel denied [999871410-2] Originating case number: 9:14-cv-04518-TLW. Copies to all parties and the district court. [999925052]. Mailed to: Michael D. James. [16-6110]

Appeal: 16-6110

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Filed: 09/08/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6110

MICHAEL D. JAMES,
Plaintiff – Appellant,
v.
DANIEL COTTER, Perry CI Contraband Sgt; D. BURCINSKI,
Contraband Cpl; S. DUFFY, Administrative Captain, Perry CI,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
Terry L. Wooten, Chief District
Judge. (9:14-cv-04518-TLW)

Submitted:

August 3, 2016

Decided:

September 8, 2016

Before GREGORY, Chief Judge, and WYNN and FLOYD, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

Michael D. James, Appellant Pro Se. James Victor McDade, DOYLE,
O’ROURKE, TATE & MCDADE, PA, Anderson, South Carolina, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6110

Doc: 15

Filed: 09/08/2016

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PER CURIAM:
Michael D. James seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge, granting
summary judgment to defendants, and dismissing his 42 U.S.C.
§ 1983 (2012) complaint without prejudice for failure to exhaust
administrative remedies.

Upon review, we vacate the district

court’s order and remand the case with instructions to allow
James a reasonable time to exhaust his administrative remedies
and then, if necessary, move to amend his complaint.

We deny

James’ motion for appointment of counsel and 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.
VACATED AND REMANDED

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