Jerry Oaks v. Dr. Pane ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7681
JERRY R. OAKS,
Plaintiff - Appellant,
v.
DR. PANE, Doctor, USP Lee County, VA; KAREN LAMBRIGHT,
Health Services Administrator, USP Lee County VA,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:11-cv-00041-JLK-RSB)
Submitted: June 22, 2012 Decided: July 10, 2012
Before MOTZ, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jerry R. Oaks, Appellant Pro Se. Sara Bugbee Winn, David Lew,
OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jerry R. Oaks appeals the district court’s order
granting judgment against him on his Bivens 1 claims. Oaks’
complaint alleged that the defendants were deliberately
indifferent to his medical needs in violation of the Eighth
Amendment. We affirm.
Having reviewed the record, we find the district court
correctly determined that Oaks failed to establish a viable
claim against either defendant. 2 Specifically, Oaks did not
allege facts sufficient to indicate that either defendant
actually knew of and intentionally ignored his serious need for
medical care. See Young v. City of Mt. Ranier, 238 F.3d 567,
575 (4th Cir. 2001); Russell v. Sheffer, 528 F.2d 318, 319 (4th
Cir. 1975). Accordingly, we find no error in the disposition of
Oaks’ claims and affirm the judgment below. 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
1
Bivens v. Six Unknown Named Agents of Fed. Bureau of
Narcotics, 403 U.S. 388 (1971).
2
The record is ambiguous as to whether Oaks justifiably
believed he had exhausted his administrative remedies. Rather
than remand for further proceedings, we affirm on the district
court’s alternative holding.
2