Opinion
22-6779
03-11-2024
MATTHEW JAMES GRIFFIN, Plaintiff - Appellant, v. SERGEANT DAVES; JOSEPH PARLIER, Defendants - Appellees.
Matthew James Griffin, Appellant Pro Se.
UNPUBLISHED
Submitted: February 12, 2024
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Richard E. Myers, II, Chief District Judge. (5:19-ct-03040-M)
Matthew James Griffin, Appellant Pro Se.
Before WILKINSON, KING, and HARRIS, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Matthew James Griffin appeals from the district court's orders granting summary judgment to the Defendants on his second amended 42 U.S.C. § 1983 complaint and denying reconsideration. See Griffin v. Daves, No. 5:19-ct-03040-M (E.D. N.C. Mar. 16, 2022), ECF No. 134; Griffin v. Daves, No. 5:19-ct-03040-M (E.D. N.C. July 1, 2022), ECF No. 143. Lacking the benefit of this Court's decision in Griffin v. Bryant, 56 F.4th 328 (4th Cir. 2022), the district court concluded that Griffin had failed to exhaust his available administrative remedies, as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). In light of our Bryant decision, we vacate the district court's rulings and remand for further proceedings that are consistent therewith. We deny Griffin's motion to hear the appeal on the original record.
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.
VACATED AND REMANDED.