Petersen v. Gutierrez, No. 07-6553 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6553 ALLAN A. PETERSEN, Plaintiff - Appellant, versus DOMINIC GUTIERREZ; S. MCCLINTOCK; SANDERS; R. TRYBIS; CAPTAIN ELZA; JUNKINS; WILLIAM LAYHUE, OFFICER OFFICER Defendants - Appellees. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Irene M. Keeley, Chief District Judge. (3:06-cv-00072-IMK) Submitted: October 29, 2007 Decided: November 21, 2007 Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Allan A. Petersen, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Allan A. Petersen, 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). Petersen appeals the district court s order accepting the magistrate judge s recommendation to dismiss his retaliation claim for failure to state a claim upon which relief may be granted and the remaining claims without prejudice for failure to exhaust administrative remedies. error. We have reviewed the record and find no reversible Accordingly, we affirm for the reasons stated by the district court. Petersen v. Gutierrez, No. 3:06-cv-00072-IMK (N.D. W. Va. Mar. 30, 2007). 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 - 2 -

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