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UNPUBLISHED PER CURIAM OPINION filed.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. [1000035687]. Mailed to: David Gambinobo. [16-6647]

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Appeal: 16-6647 Doc: 27 Filed: 03/06/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6647 DAVID A. GAMBINO, Plaintiff - Appellant, v. DR.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 Radiology, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Theodore D. Chuang, District Judge. (8:15-cv-02202-TDC) Submitted: February 22, 2017 Decided: March 6, 2017 Before NIEMEYER and DUNCAN, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed as modified by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6647 Doc: 27 Filed: 03/06/2017 Pg: 2 of 2 PER CURIAM: David A. Gambino appeals the district court’s order dismissing his complaint for failure to exhaust administrative remedies. error. 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 become complete. district court prejudice. Apr. 22, Accordingly, we affirm the judgment of the as modified to reflect dismissal without Gambino v. Moubarek, No. 8:15-cv-02202-TDC (D. Md. 2016). We deny Gambino’s motions for injunctive relief, for a continuance, and to supplement the appeal with new evidence. legal before We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED AS MODIFIED 2

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