Abad v. Roff ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6460
FREDDY ABAD,
Plaintiff - Appellant,
v.
DAVID ROFF, Health Services Administrator; IRWIN FISH, Physician
Assistant; UNITED STATES OF AMERICA,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (7:07-cv-00405-jct-mfu)
Submitted: May 22, 2008 Decided: June 2, 2008
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Freddy Abad, Appellant Pro Se. Rick A. Mountcastle, OFFICE OF THE
UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Freddy Abad, a federal prisoner, filed a civil rights
complaint pursuant to Bivens v. Six Unknown Named Agents of the
Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and a claim under
the Federal Tort Claims Act. Abad appeals the district court’s
order granting summary judgment to the Defendants and dismissing
without prejudice his complaint for failure to exhaust
administrative remedies. We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated by
the district court. Abad v. Roff, No. 7:07-cv-00405-jct-mfu (W.D.
Va. Mar. 18, 2008). 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
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