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  • Petersen v. Gutierrez, 4th Cir. (2007)

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    This document is a summary of a court case from the United States Court of Appeals for the Fourth Circuit. The plaintiff, Allan Petersen, filed a civil rights complaint against prison officials alleging retaliation. The district court dismissed Petersen's retaliation claim for failure to state a claim and dismissed his remaining claims without prejudice for failure to exhaust administrative remedies. The appellate court affirmed the district court's ruling, finding no reversible error. The appellate court dispensed with oral arguments, as the facts and legal issues were adequately presented in the case materials.

    Original Description:

    Filed: 2007-11-21 Precedential Status: Non-Precedential Docket: 07-6553

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    This document is a summary of a court case from the United States Court of Appeals for the Fourth Circuit. The plaintiff, Allan Petersen, filed a civil rights complaint against prison officials alleging retaliation. The district court dismissed Petersen's retaliation claim for failure to state a claim and dismissed his remaining claims without prejudice for failure to exhaust administrative remedies. The appellate court affirmed the district court's ruling, finding no reversible error. The appellate court dispensed with oral arguments, as the facts and legal issues were adequately presented in the case materials.

    Copyright:

    Public Domain
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    6 views2 pages

    Petersen v. Gutierrez, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document is a summary of a court case from the United States Court of Appeals for the Fourth Circuit. The plaintiff, Allan Petersen, filed a civil rights complaint against prison officials alleging retaliation. The district court dismissed Petersen's retaliation claim for failure to state a claim and dismissed his remaining claims without prejudice for failure to exhaust administrative remedies. The appellate court affirmed the district court's ruling, finding no reversible error. The appellate court dispensed with oral arguments, as the facts and legal issues were adequately presented in the case materials.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6553

    ALLAN A. PETERSEN,
    Plaintiff - Appellant,
    versus
    DOMINIC GUTIERREZ; S. MCCLINTOCK;
    SANDERS; R. TRYBIS; CAPTAIN ELZA;
    JUNKINS; WILLIAM LAYHUE,

    OFFICER
    OFFICER
    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 courts order accepting the magistrate judges


    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.
    error.

    We have reviewed the record and find no reversible


    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).
    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    AFFIRMED

    - 2 -

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