John Davis v. B. Thakkar

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 29, 2022
• Docket: 22-6721
• Status: Unpublished

Opinion

USCA4 Appeal: 22-6721 Doc: 13 Filed: 11/29/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6721

JOHN L. DAVIS,

Plaintiff - Appellant,

v.

DR. B.N. THAKKAR,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:21-ct-03086-D)

Submitted: November 22, 2022 Decided: November 29, 2022

Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

John L. Davis, Appellant Pro Se. Jennifer Dotson Maldonado, P. Suzanne R. Walker, YATES, MCLAMB & WEYHER, LLP, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6721 Doc: 13 Filed: 11/29/2022 Pg: 2 of 2

PER CURIAM:

John L. Davis appeals the district court’s order dismissing his 42 U.S.C. § 1983

complaint without prejudice for failure to exhaust administrative remedies. Confining our

review to the issues raised in the informal brief, see 4th Cir. R. 34(b), we have reviewed

the record and find no reversible error. See also Hicks v. Ferreyra, 965 F.3d 302, 310 (4th

Cir. 2020) (“It is well established that this court does not consider issues raised for the first

time on appeal, absent exceptional circumstances.” (cleaned up)). Accordingly, we affirm

the district court’s judgment. 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