Abad v. Roff, (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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 complaint for failure to exhaust administrative remedies. 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). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

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