Filed: Jun. 03, 2002
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6254 PATRICK J. STEEN, Plaintiff - Appellant, versus DEPUTY SERGEANT HURD; DEPUTY SERGEANT ELKINS; OFFICER BRUTON; OFFICER HAYNES; OFFICER POE; OFFICER BATTEN; OFFICER SMITH, Defendants - Appellees, and MECKLENBURG COUNTY SHERIFF’S DEPARTMENT, Defendant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CA-97-544-3-1-MU) Submitted:
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6254 PATRICK J. STEEN, Plaintiff - Appellant, versus DEPUTY SERGEANT HURD; DEPUTY SERGEANT ELKINS; OFFICER BRUTON; OFFICER HAYNES; OFFICER POE; OFFICER BATTEN; OFFICER SMITH, Defendants - Appellees, and MECKLENBURG COUNTY SHERIFF’S DEPARTMENT, Defendant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CA-97-544-3-1-MU) Submitted: ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6254
PATRICK J. STEEN,
Plaintiff - Appellant,
versus
DEPUTY SERGEANT HURD; DEPUTY SERGEANT ELKINS;
OFFICER BRUTON; OFFICER HAYNES; OFFICER POE;
OFFICER BATTEN; OFFICER SMITH,
Defendants - Appellees,
and
MECKLENBURG COUNTY SHERIFF’S DEPARTMENT,
Defendant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CA-97-544-3-1-MU)
Submitted: April 12, 2002 Decided: June 3, 2002
Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Patrick J. Steen, Appellant Pro Se. Grady Michael Barnhill,
Patrick T. Gillen, Scott Douglas MacLatchie, WOMBLE, CARLYLE,
SANDRIDGE & RICE, Charlotte, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Patrick J. Steen appeals the district court’s order denying
relief on his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint. We
have reviewed the record and the district court’s opinion and find
no reversible error. Accordingly, we affirm substantially on the
reasoning of the district court.* See Steen v. Hurd, No. CA-97-
544-3-1-MU (W.D.N.C. Jan. 9, 2002). 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
*
The Supreme Court’s recent decision in Porter v. Nussle,
122
S. Ct. 983 (2002) held that “the [Prisoner Litigation Reform Act]’s
exhaustion requirement applies to all inmate suits about prison
life, whether they involve general circumstances or particular
episodes, and whether they allege excessive force or some other
wrong.” Id. at 992. Thus, Appellant’s claim of excessive force
was properly dismissed for failure to exhaust administrative
remedies.
2