UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-8177
WILLIAM E. ALTON, III,
Plaintiff - Appellant,
v.
MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
SERVICES, et al; KATHLEEN GREEN, Warden Eastern Corr. Inst.;
BOBBY SHEARIN, Warden Western Corr. Inst.; B. MCKENZIE,
C.O.2; G. WILSON, C.O.2; R. A. BEEMAN, C.O.2; S. A. WILSON,
C.O.2; S. SHAVER, C.O.; WHITESIDE, Lt.; F. WILHELM, C.O.2;
JEFFREY KESSLER, C.O.2; J. P. MORGAN, Captain (pty), Assist
Warden; H. B. MURPHY; BEAL, C.O.2; CARDER, C.O.S; C.
MCKENZIE, Lt.; LT. FRIEND, et al Defendants in their
individual and official capacities,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (1:09-cv-01311-WMN)
Submitted: May 26, 2010 Decided: July 1, 2010
Before WILKINSON, MOTZ, and DAVIS, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
William E. Alton, III, Appellant Pro Se. Stephanie Judith Lane
Weber, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore,
Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
William E. Alton, III, appeals the district court’s
order dismissing his 42 U.S.C. § 1983 (2006) complaint as
frivolous under 28 U.S.C. § 1915(e)(2)(B) (2006). Because the
district court failed to consider the claims raised in Alton’s
initial complaint before dismissing the action, we vacate the
district court’s order and remand for consideration of these
claims in the first instance. In so doing, we express no
opinion as to the merits of Alton’s claims. 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.
VACATED AND REMANDED
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