Abad v. Roff

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 2, 2008
• Docket: 08-6460
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6460

FREDDY ABAD,

Plaintiff - Appellant,

v.

DAVID ROFF, Health Services Administrator; IRWIN FISH, Physician Assistant; UNITED STATES OF AMERICA,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:07-cv-00405-jct-mfu)

Submitted: May 22, 2008 Decided: June 2, 2008

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Freddy Abad, Appellant Pro Se. Rick A. Mountcastle, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Freddy Abad, a federal prisoner, filed a civil rights

complaint pursuant to Bivens v. Six Unknown Named Agents of the

Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and a claim under

the Federal Tort Claims Act. Abad appeals the district court’s

order granting summary judgment to the Defendants and dismissing

without prejudice his complaint 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. Abad v. Roff, No. 7:07-cv-00405-jct-mfu (W.D.

Va. Mar. 18, 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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