Robert Zander v. Harley Lappin, No. 12-7638 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7638 ROBERT ALEX ZANDER, Plaintiff - Appellant, v. HARLEY LAPPIN; KIM WHITE; GERALDO MALDONADO, JR.; RONALD W. RIKER; TRACY W. JOHNS; JOSEPH P. YOUNG; KENNETH MOTTERN, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:08-ct-03117-FL) Submitted: January 31, 2013 Decided: February 7, 2013 Before WILKINSON, NIEMEYER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert Alex Zander, Appellant Pro Se. Michael Bredenberg, FEDERAL MEDICAL CENTER, Butner, North Carolina; Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert A. Zander appeals the district court s order dismissing without prejudice for failure to exhaust administrative remedies his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. (1971). * 388 reversible We error. have reviewed Accordingly, the although record we and grant find no leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. Zander (E.D.N.C. Aug. 1, 2012). v. Lappin, No. 5:08-ct-03117-FL 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 * We Zander s remedies findings. (4th Cir. vacated the district court s prior order dismissing complaint for failure to exhaust administrative and remanded to the district court for further See Zander v. Lappin, No. 10-6484, 415 F. App x 491 2011). 2

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