Dalton v. WV Division of Corrections ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7692
1STARR DALTON,
Plaintiff – Appellant,
v.
WEST VIRGINIA DIVISION OF CORRECTIONS; DAVID BALLARD,
Warden; JIM RUBENSTEIN; SAMUEL KEENAN, Corporal; DONNA
BRAENOVICH, Corporal; DARREN KOZART, Correctional Officer
II; JARED ALSOP, Correctional Officer II; DEREK MCKINNEY,
Lieutenant; JASON CLAUDELL, Captain; BRIAN GREENWOOD,
Defendants – Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph R. Goodwin,
Chief District Judge. (2:08-cv-01151)
Submitted: January 19, 2010 Decided: January 27, 2010
Before NIEMEYER, KING, and DAVIS, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
1Starr Dalton, Appellant Pro Se. Christopher James Sears,
SHUMAN, MCCUSKEY & SLICER, PLLC, Charleston, West Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
1Starr Dalton appeals the district court’s order
accepting the recommendation of the magistrate judge and
dismissing his 42 U.S.C. § 1983 (2006) complaint for failure to
exhaust administrative remedies. We have reviewed the record
and find no reversible error. Accordingly, we modify the
dismissal of the action to be without prejudice and affirm as
modified for the reasons stated by the district court.
Dalton v. W. Va. Div. of Corr., No. 2:08-cv-01151 (S.D.W. Va.
Aug. 25, 2009). We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED AS MODIFIED
2