Wheeler v. Lappin

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 21, 2009
• Docket: 09-7121
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7121

QUINTON WHEELER,

Plaintiff – Appellant,

v.

HARLEY G. LAPPIN, Director; JOE DRIVER, Warden; JEFF BOYLES, Medical Administrator; JORGES VAZQUEZ, Medical Doctor; A. PELLOTHEODOROS, Correction Officer,

Defendants – Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:08-cv-00206-IMK-JSK)

Submitted: October 15, 2009 Decided: October 21, 2009

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Quinton Wheeler, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Quinton Wheeler appeals the district court’s order

accepting the recommendation of the magistrate judge and

dismissing without prejudice his 42 U.S.C. § 1983 (2006)

complaint for failure to exhaust administrative remedies,

denying his motion for preliminary injunction, and denying his

motion to supplement his claim. We have reviewed the record and

find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. Wheeler v. Lappin, No.

1:08-cv-00206-IMK-JSK (N.D.W. Va. June 4, 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