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    Bobby Grady v. Carey Winders, 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal without prejudice of Bobby Ray Grady's 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies. The appellate court reviewed the record and found no reversible error in the district court's ruling. Additionally, the appellate court declined to consider any new claims raised for the first time on appeal and noted that some of Grady's claims appeared prematurely filed under Heck v. Humphrey. However, because the complaint was dismissed without prejudice, Grady is not barred from refiling once the defects in exhaustion are cured or the claims have accrued.

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    Bobby Grady v. Carey Winders, 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal without prejudice of Bobby Ray Grady's 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies. The appellate court reviewed the record and found no reversible error in the district court's ruling. Additionally, the appellate court declined to consider any new claims raised for the first time on appeal and noted that some of Grady's claims appeared prematurely filed under Heck v. Humphrey. However, because the complaint was dismissed without prejudice, Grady is not barred from refiling once the defects in exhaustion are cured or the claims have accrued.

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    Filed: 2013-02-25 Precedential Status: Non-Precedential Docket: 12-7752

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal without prejudice of Bobby Ray Grady's 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies. The appellate court reviewed the record and found no reversible error in the district court's ruling. Additionally, the appellate court declined to consider any new claims raised for the first time on appeal and noted that some of Grady's claims appeared prematurely filed under Heck v. Humphrey. However, because the complaint was dismissed without prejudice, Grady is not barred from refiling once the defects in exhaustion are cured or the claims have accrued.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    7 views2 pages

    Bobby Grady v. Carey Winders, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal without prejudice of Bobby Ray Grady's 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies. The appellate court reviewed the record and found no reversible error in the district court's ruling. Additionally, the appellate court declined to consider any new claims raised for the first time on appeal and noted that some of Grady's claims appeared prematurely filed under Heck v. Humphrey. However, because the complaint was dismissed without prejudice, Grady is not barred from refiling once the defects in exhaustion are cured or the claims have accrued.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-7752

    BOBBY RAY GRADY,


    Plaintiff Appellant,
    v.
    CAREY WINDERS; FANE GREENFIELD, Major; DEPUTY BIGGINS;
    KEITH HARTZOG, Detective Sergeant; CARL E. LANCASTER,
    Lieutenant; KENNETH LUPTON, Sergeant,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:11-ct-03257-BO)

    Submitted:

    February 20, 2013

    Decided:

    February 25, 2013

    Before MOTZ, SHEDD, and DAVIS, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Bobby
    Ray
    Grady,
    Appellant
    Pro
    Se.
    Christopher
    John
    Derrenbacher, PATTERSON DILTHEY, LLP, Raleigh, North Carolina,
    for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Bobby

    Ray

    Grady

    appeals

    from

    the

    district

    courts

    order dismissing his 42 U.S.C. 1983 (2006) complaint without


    prejudice for failure to exhaust administrative remedies.
    have

    reviewed

    the

    record

    and

    find

    no

    reversible

    We

    error.

    Accordingly, we affirm substantially for the reasons stated by


    the

    district

    court.

    Grady

    (E.D.N.C. Oct. 4, 2012).

    v.

    Winders,

    No.

    5:11-ct-03257-BO

    In addition, we decline to consider

    claims raised for the first time on appeal.


    States, 1 F.3d 246, 250 (4th Cir. 1993).

    See Muth v. United

    Finally, we note that

    certain of Gradys claims appear to be prematurely filed.


    Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
    the

    complaint

    was

    dismissed

    without

    See

    However, because

    prejudice,

    Grady

    is

    not

    barred from refiling his complaint if he can cure the defects in


    exhaustion on the claims required to be exhausted or once his
    claims have actually accrued under Heck.

    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

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