UNPUBLISHED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Vacated and remanded by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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, a North Carolina prisoner, appeals the
district court’s order dismissing Locklear’s 42 U.S.C. § 1983
(2006) complaint pursuant to 42 U.S.C. § 1997e (2006) for
failure to demonstrate complete exhaustion of administrative
remedies. 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. We deny the
motion for appointment of counsel and dispense 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
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