Public-domain · open source
OpenJurist

503 F. App'x 230

Bostick v. Lamb

U.S. Courts of Appeals

Decided January 7, 2013

U.S. Courts of Appeals · decided 2013-01-07

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Domino Sugar Corporation v. Sugar Workers Local Union of United Food and Commercial Workers International Union

Decided 2013-01-07

¶1Affirmed by unpublished PER CURIAM opinion.

¶2Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3Eli Bostick appeals the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 (2006) complaint for failure to exhaust administrative remedies * and the court’s order denying his Fed. R. Cir. P. 59(e) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Bostick v. Lamb, No. 5:10-cW)3148-BO, 2012 WL 3070029 (E.D.N.C. July 27, 2012). 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.

¶4AFFIRMED.

¶5 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).

/503/fappx/230 · .json · Public domain