Tommy Owens v. Earl Butler


UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 16-6250 Doc: 27 Filed: 03/08/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6250 TOMMY OWENS, Plaintiff - Appellant, v. EARL M. BUTLER, Sheriff; CHIEF DEPUTY SHERIFF WRIGHT,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 FLOYD, Circuit Decided: Judges, and March 8, 2017 HAMILTON, Senior Affirmed as modified by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 Doc: 27 Filed: 03/08/2017 Pg: 2 of 2 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 2

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