Kilgore v. Holder

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 25, 2009
• Docket: 18-4598
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6730

CLEVELAND WINSTON KILGORE,

Plaintiff – Appellant,

v.

ERIC H. HOLDER, JR., Attorney General; W. WALTER WILKINS; DARLENE DREW, Warden; TODD FELTS; DEWIGHT CASH; LEONARD MILLER, G. JACKSON, John Doe 1,

Defendants – Appellees.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Henry F. Floyd, District Judge. (9:08-cv-03545-HFF)

Submitted: June 18, 2009 Decided: June 25, 2009

Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Cleveland Winston Kilgore, Appellant Pro Se. Barbara Murcier Bowens, Assistant United States Attorney, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Cleveland W. Kilgore, 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).

Kilgore appeals the district court’s order accepting the

magistrate judge’s recommendation to dismiss his complaint

without prejudice 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. Kilgore v. Holder, No. 9:08-cv-03545-HFF

(D.S.C. Apr. 10, 2009). 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