Eli Bostick v. M.J. Lamb, No. 12-7443 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7443 ELI BOSTICK, Plaintiff - Appellant, v. M.J. LAMB, Superintendent; DR. RICHARD BROADWELL, Defendants Appellees, and C/O R. BRANAM; C/O G. DAVIS, Defendants. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:10-ct-03148-BO) Submitted: December 21, 2012 Decided: January 7, 2013 Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Eli Bostick, Appellant Pro Se. Elizabeth Pharr McCullough, YOUNG, MOORE & HENDERSON, PA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Eli dismissing Bostick without appeals the prejudice his district 42 court s order § 1983 (2006) U.S.C. complaint for failure to exhaust administrative remedies and the court s order denying his Fed. R. Cir. P. 59(e) motion. reviewed the record and find no reversible error. we affirm for the reasons stated by We have Accordingly, the district court. Bostick v. Lamb, No. 5:10-ct-03148-BO (E.D.N.C. July 27, 2012). We dispense with oral argument because the facts and legal before contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED Although dismissals without prejudice generally are not appealable, we conclude that the court s order is a final order. See Domino Sugar v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). 2

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