Petersen v. Gutierrez ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6553
ALLAN A. PETERSEN,
Plaintiff - Appellant,
versus
DOMINIC GUTIERREZ; S. MCCLINTOCK; OFFICER
SANDERS; R. TRYBIS; CAPTAIN ELZA; OFFICER
JUNKINS; WILLIAM LAYHUE,
Defendants - Appellees.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. Irene M. Keeley, Chief
District Judge. (3:06-cv-00072-IMK)
Submitted: October 29, 2007 Decided: November 21, 2007
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Allan A. Petersen, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Allan A. Petersen, 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). Petersen
appeals the district court’s order accepting the magistrate judge’s
recommendation to dismiss his retaliation claim for failure to
state a claim upon which relief may be granted and the remaining
claims without prejudice 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. Petersen v. Gutierrez, No. 3:06-cv-00072-IMK (N.D.
W. Va. Mar. 30, 2007). 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
- 2 -