UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6250
TOMMY OWENS,
Plaintiff - Appellant,
v.
EARL M. BUTLER, Sheriff; CHIEF DEPUTY SHERIFF WRIGHT,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (5:15-ct-03033-FL)
Submitted: October 28, 2016 Decided: March 8, 2017
Before MOTZ and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Tommy Owens, Appellant Pro Se. Ronnie Monroe Mitchell,
CUMBERLAND COUNTY SHERIFF’S OFFICE, Fayetteville, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tommy Owens appeals the district court’s order denying
relief on his 42 U.S.C. § 1983 (2012) complaint. We have
reviewed the record and conclude that a genuine dispute of
material fact exists regarding whether Owens exhausted his
administrative remedies. However, we conclude that the district
court correctly held in the alternative that Defendants are
entitled to qualified immunity. See United States ex rel.
Drakeford v. Tuomey, 792 F.3d 364, 375 (4th Cir. 2015) (“[W]e
may affirm a district court’s ruling on any ground apparent in
the record.”) Accordingly, we affirm the district court’s order
and modify the order to reflect a dismissal with prejudice.
Owens v. Butler, No. 5:15-ct-03033-FL (E.D.N.C. Feb. 9, 2016).
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 AS MODIFIED
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