Scribd Logo
Upload

Welcome to Scribd!

  • Locklear v. Bennett, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    2 views2 pages
    The United States Court of Appeals for the Fourth Circuit vacated and remanded the district court's dismissal of Billy Ray Locklear's 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies. While Locklear represented that he had not fully exhausted one of his claims, dismissal of the entire complaint is not required when a prisoner has failed to exhaust some but not all claims. The appellate court denied Locklear's motion for appointment of counsel and dispensed with oral argument, remanding the case back to the district court for further proceedings.

    Original Description:

    Filed: 2011-02-02 Precedential Status: Non-Precedential Docket: 10-6651

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The United States Court of Appeals for the Fourth Circuit vacated and remanded the district court's dismissal of Billy Ray Locklear's 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies. While Locklear represented that he had not fully exhausted one of his claims, dismissal of the entire complaint is not required when a prisoner has failed to exhaust some but not all claims. The appellate court denied Locklear's motion for appointment of counsel and dispensed with oral argument, remanding the case back to the district court for further proceedings.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    2 views2 pages

    Locklear v. Bennett, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit vacated and remanded the district court's dismissal of Billy Ray Locklear's 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies. While Locklear represented that he had not fully exhausted one of his claims, dismissal of the entire complaint is not required when a prisoner has failed to exhaust some but not all claims. The appellate court denied Locklear's motion for appointment of counsel and dispensed with oral argument, remanding the case back to the district court for further proceedings.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-6651

    BILLY RAY LOCKLEAR,


    Plaintiff Appellant,
    v.
    BOYD BENNETT, Regional Director; DAVID MITCHELL, Facility
    Administrator; MIKE SLAGLE, 3rd in Command; CHRIS MOODY,
    Captain; ROBERT GUY, Captain; RODNEY BENNETT, Sergeant;
    VICTORIA SELLERS, Sergeant; BRENDA ZIMMERMAN, Sergeant;
    TRAVIS SPARKS, Sergeant; RICHARD JOBE, Sergeant; CAROLYN
    WINFIELD; KEVIN BENFIELD, Unit Manager; JASON GARLAND,
    Officer; DONNA GIBSON, Officer; BURTCHFIELD, Officer;
    BEAVERS, Officer; MARGIE LAWLER, Assistant Superintendent,
    Defendants Appellees.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville.
    Graham C. Mullen,
    Senior District Judge. (1:10-cv-00075-GCM)

    Submitted:

    January 12, 2011

    Decided:

    February 2, 2011

    Before WILKINSON, KING, and WYNN, Circuit Judges.

    Vacated and remanded by unpublished per curiam opinion.

    Billy Ray Locklear, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Billy

    Locklear,

    North

    Carolina

    prisoner,

    appeals

    the

    district courts order dismissing Locklears 42 U.S.C. 1983


    (2006)
    failure

    complaint
    to

    remedies.

    pursuant

    demonstrate

    to

    42

    complete

    U.S.C.

    1997e

    exhaustion

    of

    (2006)

    for

    administrative

    Locklear represented to the district court that he

    had not fully exhausted his administrative remedies with respect


    to one of his claims.

    Because dismissal of the entire complaint

    is not required when the prisoner has failed to exhaust some,


    but not all, of the claims included in his complaint, Jones v.
    Bock, 549 U.S. 199, 220-24 (2007), we vacate the decision of the
    district court and remand for further proceedings.
    motion

    for

    appointment

    of

    counsel

    and

    dispense

    We deny the
    with

    oral

    argument because the facts and legal contentions are adequately


    presented in the materials before the court and argument will
    not aid the decisional process.
    VACATED AND REMANDED

    You might also like