David Gambino v. Dr. Moubarek
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for supplement appeal with evidence [1000031610-2], denying Motion continuance [1000009637-2]; denying Motion for injunctive relief pending appeal (FRAP 8) [999918240-2]. Originating case number: 8:15-cv-02202-TDC. Copies to all parties and the district court. . Mailed to: David Gambinobo. [16-6647]
Pg: 1 of 2
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
DAVID A. GAMBINO,
Plaintiff - Appellant,
DR. MOUBAREK, MD; CAROL MILLER, HIT; KRISTI CRITES, CRNP;
TOM GERA, RN; TODD C, PA-C; AMERZUA JODY, L.RN; BOCH P., RN;
VANMETER DENISE, RN; WARDEN STEWART, Warden; MCGAHEE
TEQUILA, DMD; BLAINE SMITH, MD; CARRIE HANSCOM, Director of
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Theodore D. Chuang, District Judge.
February 22, 2017
March 6, 2017
Before NIEMEYER and DUNCAN, Circuit Judges, and DAVIS, Senior
Affirmed as modified by unpublished per curiam opinion.
David A. Gambino, Appellant Pro Se.
Jane Elizabeth Andersen,
OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland;
Christopher Ryan Daily, BRADY, FISCHEL & DAILY, LLC, Annapolis,
Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 2
dismissing his complaint for failure to exhaust administrative
We have reviewed the record and find no reversible
Although we agree that Gambino failed to exhaust his
claims and dismissal is mandatory, the dismissal should have
been without prejudice to his right to refile should exhaustion
Accordingly, we affirm the judgment of the
Gambino v. Moubarek, No. 8:15-cv-02202-TDC (D. Md.
relief, for a continuance, and to supplement the appeal with new
We dispense with oral argument because the facts and
AFFIRMED AS MODIFIED
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?