Jamey Wilkins v. Keith Stone
Jamey Wilkins v. Keith Stone
Opinion
USCA4 Appeal: 24-6971 Doc: 19 Filed: 11/21/2025 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 24-6971
JAMEY L. WILKINS,
Plaintiff - Appellant,
v.
KEITH STONE; MISTE STRICKLAND; CAPTAIN BRAD JENKINS; LIEUTENANT PARKER,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:22-ct-03232-FL)
Submitted: September 18, 2025 Decided: November 21, 2025
Before THACKER and BENJAMIN, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jamey Lamont Wilkins, Appellant Pro Se. Bradley O. Wood, WOMBLE BOND DICKINSON (US) LLP, Winston-Salem, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6971 Doc: 19 Filed: 11/21/2025 Pg: 2 of 3
PER CURIAM:
Jamey L. Wilkins appeals the district court’s orders (1) denying his motion to
conduct depositions, motion for a legal mail request order, and motion to appoint counsel,
and (2) granting Defendants’ motion for summary judgment and dismissing his
42 U.S.C. § 1983complaint for failure to exhaust his administrative remedies. In his complaint,
Wilkins, then a pretrial detainee, alleged that Defendants violated his First, Fifth, Eighth,
and Fourteenth Amendment rights. Wilkins asserted numerous issues with the procedures
and confinement conditions at the Nash County Detention Center. On appeal, Wilkins
contends that the district court erred in finding that he failed to exhaust his administrative
remedies. Liberally construed, Wilkins also challenged the court’s order dismissing his
motion to conduct depositions, motion for a legal mail request order, and motion to appoint
counsel.
Finding that Wilkins had not shown exceptional circumstances, the district court
denied his motion to appoint counsel. The court also denied Wilkins’s request to conduct
depositions due to a combination of his violent conduct while incarcerated, his gross abuse
of the discovery process when conducting depositions in a previous iteration of this case,
and the fact that Wilkins was not prevented from pursuing other discovery strategies, such
as interrogatories. As for Wilkins’s request for legal mail, the court denied his blanket
request due to institutional security concerns and the administrative burden of requiring
any mail Wilkins personally deemed as legal mail to be opened and inspected in his
presence. Finally, the court granted Defendants’ motion for summary judgment and
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dismissed Wilkins’s § 1983 complaint based on Wilkins’s failure to exhaust his
administrative remedies. *
We have reviewed the record and find no reversible error in the district court’s
determination that Wilkins failed to exhaust his administrative remedies and no abuse of
discretion in the denial of the challenged motions. Accordingly, we affirm the district
court’s orders. Wilkins v. Stone, No. 5:22-ct-03232-FL (E.D.N.C. July 26, 2023 &
Sept. 10, 2024). 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
* Alternatively, the district court noted that Wilkins’s claims also failed on the merits.
3
Reference
- Status
- Unpublished