Huell v. Ozmint

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 5, 2011
• Docket: 10-7209
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7209

CLARENCE HUELL,

Plaintiff - Appellant,

v.

SCDC DIRECTOR JON OZMINT; WARDEN MCKITHER BODISON,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Aiken. Henry F. Floyd, District Judge. (1:09-cv-01613-HFF)

Submitted: March 31, 2011 Decided: April 5, 2011

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Clarence Huell, Appellant Pro Se. Drew Hamilton Butler, Jocelyn Newman, Mason Abram Summers, RICHARDSON, PLOWDEN & ROBINSON, PA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Clarence Huell appeals the district court’s order

accepting the recommendation of the magistrate judge and

dismissing, in part, his 42 U.S.C. § 1983 (2006) complaint

without prejudice for failure to exhaust administrative remedies

and granting, in part, summary judgment to Appellees. We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court. See

Huell v. Ozmint, No. 1:09-cv-01613-HFF (D.S.C. Aug. 16, 2010).

We deny Appellees’ motion to strike Huell’s reply brief. 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