Tommy Owens v. Earl Butler

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-ct-03033-FL Copies to all parties and the district court/agency. [1000038034]. Mailed to: T Owens. [16-6250]

Appeal: 16-6250

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6250

TOMMY OWENS,
Plaintiff - Appellant,
v.
EARL M. BUTLER, Sheriff; CHIEF DEPUTY SHERIFF WRIGHT,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:15-ct-03033-FL)

Submitted:

October 28, 2016

Before MOTZ and
Circuit Judge.

FLOYD,

Circuit

Decided:

Judges,

and

March 8, 2017

HAMILTON,

Senior

Affirmed as modified by unpublished per curiam opinion.

Tommy Owens, Appellant Pro Se.
Ronnie Monroe Mitchell,
CUMBERLAND
COUNTY
SHERIFF’S
OFFICE,
Fayetteville,
North
Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6250

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Filed: 03/08/2017

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PER CURIAM:
Tommy
relief

Owens

on

his

reviewed

the

material

appeals

42

fact

U.S.C.

record

and

exists

correctly

entitled

to

held

district
(2012)

conclude

that

order

complaint.
a

whether

genuine
Owens

denying
We

have

dispute

exhausted

of
his

However, we conclude that the district

in

qualified

court’s

§ 1983

regarding

administrative remedies.
court

the

the

alternative

immunity.

See

that

United

Defendants
States

ex

are
rel.

Drakeford v. Tuomey, 792 F.3d 364, 375 (4th Cir. 2015) (“[W]e
may affirm a district court’s ruling on any ground apparent in
the record.”)
and

modify

Accordingly, we affirm the district court’s order

the

order

to

reflect

a

dismissal

with

prejudice.

Owens v. Butler, No. 5:15-ct-03033-FL (E.D.N.C. Feb. 9, 2016).
We

dispense

contentions

with
are

oral

argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.

AFFIRMED AS MODIFIED

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