Lamond Latney v. Anthony Parker , 707 F. App'x 202 ( 2017 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 17-7001
    LAMOND LATNEY,
    Plaintiff - Appellant,
    v.
    ANTHONY PARKER, Chief of Security,
    Defendant - Appellee.
    Appeal from the United States District Court for the Eastern District of Virginia, at
    Norfolk. Raymond A. Jackson, District Judge. (2:17-cv-00024-RAJ-RJK)
    Submitted: December 21, 2017                                Decided: December 28, 2017
    Before WILKINSON and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit
    Judge.
    Affirmed by unpublished per curiam opinion.
    Lamond Latney, Appellant Pro Se.     Michael Gordon Matheson, THOMPSON
    MCMULLAN PC, Richmond, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Lamond Latney appeals the district court’s order granting Defendant Anthony
    Parker’s motion for summary judgment in this 
    42 U.S.C. § 1983
     (2012) action and
    dismissing the action due to Latney’s failure to exhaust administrative remedies. We
    have reviewed the record and find no reversible error. Although Latney argues that his
    institutional complaint was in fact timely and that further remedies were unavailable, the
    district court properly rejected those assertions. See Woodford v. Ngo, 
    548 U.S. 81
    , 90
    (2006) (holding that proper administrative exhaustion requires compliance with agency
    deadlines and key procedural rules); Ross v. Blake, 
    136 S. Ct. 1850
    , 1858-60 (2016)
    (clarifying when administrative remedies are deemed unavailable). Accordingly, we
    affirm for the reasons stated by the district court. Latney v. Parker, No. 2:17-cv-00024-
    RAJ-RJK (E.D. Va. July 20, 2017). We deny Latney’s motion to appoint counsel. We
    dispense with oral argument because the facts and legal contentions are adequately
    presented in the materials before this court and argument would not aid the decisional
    process.
    AFFIRMED
    2
    

Document Info

Docket Number: 17-7001

Citation Numbers: 707 F. App'x 202

Judges: Duncan, Hamilton, Per Curiam, Wilkinson

Filed Date: 12/28/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024