David A. Gambino v. Dr. Moubarek, Md

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6647
DAVID A. GAMBINO,
Plaintiff - Appellant,
v.
DR. MOUBAREK, MD; CAROL MILLER, HIT; KRISTI CRITES, CRNP;
TOM GERA, RN; TODD C, PA-C; AMERZUA JODY, L.RN; BOCH P., RN;
VANMETER DENISE, RN; WARDEN STEWART, Warden; MCGAHEE
TEQUILA, DMD; BLAINE SMITH, MD; CARRIE HANSCOM, Director of
Radiology,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Theodore D. Chuang, District Judge.
(8:15-cv-02202-TDC)
Submitted: February 22, 2017 Decided: March 6, 2017
Before NIEMEYER and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
David A. Gambino, Appellant Pro Se. Jane Elizabeth Andersen,
OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland;
Christopher Ryan Daily, BRADY, FISCHEL & DAILY, LLC, Annapolis,
Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David A. Gambino appeals the district court’s order
dismissing his complaint for failure to exhaust administrative
remedies. We have reviewed the record and find no reversible
error. Although we agree that Gambino failed to exhaust his
claims and dismissal is mandatory, the dismissal should have
been without prejudice to his right to refile should exhaustion
become complete. Accordingly, we affirm the judgment of the
district court as modified to reflect dismissal without
prejudice. Gambino v. Moubarek, No. 8:15-cv-02202-TDC (D. Md.
Apr. 22, 2016). We deny Gambino’s motions for injunctive
relief, for a continuance, and to supplement the appeal with new
evidence. 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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