Eli Bostick v. M.J. Lamb

U.S. Court of Appeals for the Fourth Circuit

Eli Bostick v. M.J. Lamb

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7443

ELI BOSTICK,

Plaintiff - Appellant,

v.

M.J. LAMB, Superintendent; DR. RICHARD BROADWELL,

Defendants – Appellees,

and

C/O R. BRANAM; C/O G. DAVIS,

Defendants.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:10-ct-03148-BO)

Submitted: December 21, 2012 Decided: January 7, 2013

Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Eli Bostick, Appellant Pro Se. Elizabeth Pharr McCullough, YOUNG, MOORE & HENDERSON, PA, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Eli Bostick appeals the district court’s order

dismissing without prejudice his

42 U.S.C. § 1983

(2006)

complaint for failure to exhaust administrative remedies ∗ and the

court’s order denying his Fed. R. Cir. P. 59(e) motion. We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district

court. Bostick v. Lamb, No. 5:10-ct-03148-BO (E.D.N.C. July 27,

2012). 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

∗ Although dismissals without prejudice generally are not appealable, we conclude that the court’s order is a final order. See Domino Sugar v. Sugar Workers Local Union 392,

10 F.3d 1064, 1066-67

(4th Cir. 1993).

2

Reference

Status
Unpublished