Randolph v. Rosario

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 3, 2011
• Docket: 10-7731
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7731

ANTONIO MARTINELLE RANDOLPH,

Plaintiff - Appellant,

v.

L. FUERTES ROSARIO, HSA-MLP; JOHN J. LAMANNA, Warden; G. LINK, Physicians Assistant,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Richard M. Gergel, District Judge. (9:09-cv-03166-RMG)

Submitted: April 28, 2011 Decided: May 3, 2011

Before DAVIS, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Antonio Martinelle Randolph, Appellant Pro Se. Barbara Murcier Bowens, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Antonio Martinelle Randolph appeals the district

court’s order accepting the recommendation of the magistrate

judge and dismissing without prejudice Randolph’s 42 U.S.C.

§ 1983 (2006) 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. Randolph v. Rosario, No. 9:09-cv-03166-RMG

(D.S.C. Dec. 1, 2010). We deny Randolph’s motion for stay and

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