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BURGHART v. Thomas Kane; J. F. Caraway; J. Andrews; Eric W. Gibson; T. Paluch; B. Neagle; Kirkpatrick; Bradford, Unicore Plant Manager; Bellas, Unit Supervisor; R. Simmons; S. Cox; L. Lindsay; Physician Assistant Derry; William O'Donnell; Stephanie Martin, Defendants. (2020)

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United States Court of Appeals, Fourth Circuit.

Bobby BURGHART, Plaintiff - Appellant, v. Sara BEYER, Defendant - Appellee, Thomas Kane; J. F. Caraway; J. Andrews; Eric W. Gibson; T. Paluch; B. Neagle; Kirkpatrick; Bradford, Unicore Plant Manager; Bellas, Unit Supervisor; R. Simmons; S. Cox; L. Lindsay; Physician Assistant Derry; William O'Donnell; Stephanie Martin, Defendants.

No. 19-7450

Decided: March 16, 2020

Before KING, KEENAN, and FLOYD, Circuit Judges. Bobby Burghart, Appellant Pro Se.

Bobby Burghart appeals the district court's order dismissing his claims pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (2018), under 28 U.S.C. § 1915(e)(2)(B) (2018), and granting summary judgment on some of his claims under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), for failure to exhaust or on the merits, and a subsequent order granting summary judgment to Defendants on the remaining deliberate indifference claims. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Burghart v. Beyer, No. 5:17-ct-03048-BO (E.D.N.C. Sept. 28, 2018; Sept. 17, 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

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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