Freddy Abad v. David Roff, No. 08-6460 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6460 FREDDY ABAD, Plaintiff - Appellant, v. DAVID ROFF, Health Services Administrator; IRWIN FISH, Physician Assistant; UNITED STATES OF AMERICA, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:07-cv-00405-jct-mfu) Submitted: May 22, 2008 Decided: June 2, 2008 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Freddy Abad, Appellant Pro Se. Rick A. Mountcastle, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Freddy Abad, 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), and a claim under the Federal Tort Claims Act. Abad appeals the district court s order granting summary judgment to the Defendants and dismissing without prejudice his administrative remedies. complaint for failure to exhaust We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Abad v. Roff, No. 7:07-cv-00405-jct-mfu (W.D. Va. Mar. 18, 2008). 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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