Tracey Grady v. Captain Williams ( 2018 )


Menu:
  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 18-6092
    TRACEY TERRELL GRADY,
    Plaintiff - Appellant,
    v.
    CAPTAIN WILLIAMS; SERGEANT WESTERN; OFFICER NEAL; OFFICER
    PERRY,
    Defendants - Appellees,
    and
    OFFICER HENDERSON; SERGEANT GARDNER; SERGEANT PEARSON;
    OFFICER COOPER,
    Defendants.
    Appeal from the United States District Court for the Eastern District of North Carolina, at
    Raleigh. James C. Dever III, Chief District Judge. (5:16-ct-03027-D)
    Submitted: April 19, 2018                                        Decided: April 24, 2018
    Before GREGORY, Chief Judge, and THACKER and HARRIS, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Tracey Terrell Grady, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    2
    PER CURIAM:
    Tracey Terrell Grady appeals the district court’s order granting Defendants
    summary judgment in Grady’s 42 U.S.C. § 1983 (2012) action and dismissing the action
    due to Grady’s failure to exhaust administrative remedies. We have reviewed the record
    and find no reversible error. Although Grady argues that prison officials thwarted his
    efforts to pursue an institutional grievance pertaining to the challenged incident, the
    district court properly rejected that contention as inconsistent with both the record and
    Grady’s earlier version of the facts. See Ross v. Blake, __ U.S. __, 
    136 S. Ct. 1850
    ,
    1858-60 (2016) (clarifying when administrative remedies are deemed unavailable).
    Accordingly, we affirm for the reasons stated by the district court.       See Grady v.
    Williams, No. 5:16-ct-03027-D (E.D.N.C. Jan. 22, 2018).          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
    3
    

Document Info

Docket Number: 18-6092

Filed Date: 4/24/2018

Precedential Status: Non-Precedential

Modified Date: 4/24/2018