Nijel Lee v. Ricky Cribb ( 2022 )

USCA4 Appeal: 21-7669 Doc: 20 Filed: 08/24/2022 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7669
NIJEL RAMSEY LEE, a/k/a Nijel Ramsey Lee Bey,
Plaintiff - Appellant,
v.
RICKY D. CRIBB; BRYAN DOUGLAS BROWNING; TAHARRA NICOLE
LEACH; MICHAEL E. PAIT; TIMOTHY W. STRICKLAND; CHRISTOPHER D.
SANDERSON,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:20-ct-03308-D)
Submitted: April 19, 2022 Decided: August 24, 2022
Before DIAZ and RUSHING, Circuit Judges, and KEENAN, Senior Circuit Judge.
Reversed and remanded by unpublished per curiam opinion. Judge Rushing dissents.
Nijel Ramsey Lee, Appellant Pro Se. Bettina Jimille Roberts, NORTH CAROLINA
DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.
________________
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 21-7669 Doc: 20 Filed: 08/24/2022 Pg: 2 of 2
PER CURIAM:
Nijel Ramsey Lee appeals the district court’s order dismissing without prejudice his
42 U.S.C. § 1983 complaint. We have reviewed the record and conclude that the district
court erred in dismissing the action for failure to exhaust administrative remedies.
Accordingly, we reverse the district court’s order and remand for consideration on the
merits, expressing no view on the ultimate disposition of Lee’s claims. We deny Lee’s
motions for appointment of counsel without prejudice to allow a new motion to appoint
counsel in the district court. 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.
REVERSED AND REMANDED *
*
Judge Rushing dissents.
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