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DUNNING v. STONE (2019)

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United States Court of Appeals, Fourth Circuit.

Perry DUNNING, Plaintiff - Appellant, v. Ms. STONE, Case Manager; Ms. Brunnaya, Unit Manager; Mr. Myers, Assistant Warden; Lieutenant Price, Constable, Defendants - Appellees.

No. 19-6271

Decided: May 21, 2019

Before DIAZ and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Perry Dunning, Appellant Pro Se.

Perry Dunning appeals the district court's order dismissing his 42 U.S.C. § 1983 (2012) complaint with prejudice for failure to exhaust administrative remedies. We have reviewed the record and find no reversible error. Accordingly, although we modify the dismissal to be without prejudice, we affirm as modified for the reasons stated by the district court. Dunning v. Stone, No. 1:17-cv-01063-LMB-TCB (E.D. Va. Feb. 8, 2019). 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 AS MODIFIED

PER CURIAM:

Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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