U.S. Court of Appeals for the Fourth Circuit, 2009

Short v. Prime Care Medical

U.S. Court of Appeals for the Fourth Circuit · Decided March 23, 2009 · Agee, King, Traxler

319 F. App'x 211

Counsel

Harvey P. Short, Appellant Pro Se. Joseph Dustin Dillard, John Dorsey Hoffman, Flaherty, Sensabaugh & Bonasso, PLLC, Charleston, West Virginia; Chad Mario Cardinal, Assistant Attorney General, Charleston, West Virginia; Mark William Browning, David L. Shuman, Sr., Shuman, McCuskey & Slicer, PLLC, Charleston, West Virginia, for Appellees.

Opinion of the Court

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Harvey P. Short appeals the district court’s order accepting the recommendation of the magistrate judge and denying Short’s motion for reconsideration of the order dismissing his 42 U.S.C. § 1983 (2000) complaint without prejudice 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. Short v. Prime Care Medical, No. 2:06-cv-00933, 2008 WL 4642257 (S.D.W.Va. Oct. 17, 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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