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MOORE v. BENNETTE

No. 06-6696.

517 F.3d 717 (2008)

Michael Wayne MOORE, Plaintiff-Appellant, v. James B. BENNETTE; George E. Currie; Joseph Lightsey; Richard T. Jones; Tonia Rodgers, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 28, 2008.

Attorney(s) appearing for the Case

ARGUED: Thomas Edward Vanderbloemen, Gallivan, White & Boyd, P.A., Greenville, South Carolina, for Appellant. Elizabeth P. McCullough, Young, Moore & Henderson, P.A., Raleigh, North Carolina; Yvonne Bulluck Ricci, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Dana H. Davis, Young, Moore & Henderson, P.A., Raleigh, North Carolina, for Appellee Joseph Lightsey.

Before TRAXLER and DUNCAN, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part, reversed in part, and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge JONES joined.

OPINION

TRAXLER, Circuit Judge:

Michael Wayne Moore appeals the dismissal of his civil rights complaint on the basis that he failed to exhaust his administrative remedies and failed to state a claim upon which relief could be granted. We affirm in part, reverse in part, and remand.

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