David Gambino v. Dr. Moubarek

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

Appeal: 16-6647

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Filed: 03/06/2017

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UNPUBLISHED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Affirmed as modified by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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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

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