1Starr Dalton v. WV Division of Corrections, No. 09-7692 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7692 1STARR DALTON, Plaintiff Appellant, v. WEST VIRGINIA DIVISION OF CORRECTIONS; DAVID BALLARD, Warden; JIM RUBENSTEIN; SAMUEL KEENAN, Corporal; DONNA BRAENOVICH, Corporal; DARREN KOZART, Correctional Officer II; JARED ALSOP, Correctional Officer II; DEREK MCKINNEY, Lieutenant; JASON CLAUDELL, Captain; BRIAN GREENWOOD, Defendants Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, Chief District Judge. (2:08-cv-01151) Submitted: January 19, 2010 Decided: January 27, 2010 Before NIEMEYER, KING, and DAVIS, Circuit Judges. Affirmed as modified by unpublished per curiam opinion. 1Starr Dalton, Appellant Pro Se. Christopher James Sears, SHUMAN, MCCUSKEY & SLICER, PLLC, Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: 1Starr accepting the Dalton appeals recommendation the of district the court s magistrate order judge and dismissing his 42 U.S.C. § 1983 (2006) complaint for failure to exhaust administrative remedies. We have reviewed the record and Accordingly, find no reversible error. we modify the dismissal of the action to be without prejudice and affirm as modified for the reasons stated by the district court. Dalton v. W. Va. Div. of Corr., No. 2:08-cv-01151 (S.D.W. Va. Aug. 25, 2009). facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED AS MODIFIED 2

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