Allsbrook v. Terrangi

ON REHEARING
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6520
JOSEPH M. ALLSBROOK,
Plaintiff - Appellant,
versus
P. A. TERRANGI, Warden, Indian Creek
Correctional Center; JAMES KEELING, Former
Assistant Warden, Programs; LAURA CORRNERS,
Former Assistant Warden, Programs; MAXINE
PORCHER, Director of Therapeutic Program,
Indian Creek Correctional Center; DR. LALANI
MCCANN, Former Director of Medical, Indian
Creek Correctional Center; MS. BILAL, Clinical
Social Worker, Supervisor (Housing Unit 6),
Indian Creek Correctional Center; MR. MEYER,
Clinical Social Worker, Housing Unit 6A,
Indian Creek Correctional Center; MR. WARR,
Clinical Social Worker, Housing Unit 6B,
Indian Creek Correctional Center; MS. NEIVES;
DR. EDELMAN, Administrator, Prison Health
Services; DR. LEWIN,
Defendants - Appellees,
and
DR. VERNON SMITH, Director of Health Services,
Virginia Department of Corrections; MS.
DOTSON, a Former Employee of the Medical
Department at Indian Creek Correctional Center
as Head Nurse; AND OTHERS,
Defendants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr., District
Judge. (CA-03-114)
Submitted: September 29, 2004 Decided: January 7, 2005
Before MOTZ, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Joseph M. Allsbrook, Appellant Pro Se. Mark Ralph Davis, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia; Jeff Wayne
Rosen, Lisa Ehrich, PENDER & COWARD, P.C., Virginia Beach,
Virginia; Edward Joseph McNelis, III, John David McChesney, RAWLS
& MCNELIS, P.C., Richmond, Virginia; Roy Barrow Blackwell, Mary
Elizabeth Sherwin, KAUFMAN & CANOLES, Norfolk, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
- 2 -
PER CURIAM:
Joseph M. Allsbrook appeals the district court’s order
denying relief on his 42 U.S.C. § 1983 (2000) complaint. We issued
a decision on August 18, 2004, affirming the district court’s order
in part, but also vacating in part, and remanding for further
consideration. Allsbrook v. Terrangi, No. 04-6520 (4th Cir. Aug.
18, 2004) (unpublished). The Appellees then petitioned for
rehearing, which we have granted by separate order. We now affirm
the district court’s order in all respects. As to Allsbrook’s
claim he received inadequate medical care, we affirm the district
court’s order denying relief. As to Allsbrook’s claim that the
prison drug rehabilitation program was unconstitutional under the
First Amendment because it required participants to recite a creed,
we affirm the district court’s order denying relief. As to
Allsbrook’s assertion that the prison drug rehabilitation program
was unconstitutional under the First Amendment because it required
him to watch a video recommending participation in a Christian or
religious fellowship group, we affirm the district court’s
dismissal of this claim for failure to exhaust administrative
remedies. While the record reveals that on November 8, 2002,
Allsbrook filed an informal complaint regarding this claim,
Allsbrook provided the district court no documentation proving that
he pursued a formal grievance or his available appeals. We note
that, because the district court dismissed this claim without
- 3 -
prejudice, Allsbrook may yet be able to provide the requisite proof
to pursue this claim. 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. Allsbrook’s motion for appointment of counsel
is denied.
AFFIRMED
- 4 -