Joseph M. Melendez, Ii v. DEPUTY WILLIAMS, Hampton Sheriff's Department

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7959
JOSEPH M. MELENDEZ, II,
Plaintiff - Appellant,
versus
DEPUTY WILLIAMS, Hampton Sheriff's Department;
HAMPTON ROADS REGIONAL JAIL, Prison Health
Services,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CA-03-457-2)
Submitted: February 19, 2004 Decided: February 26, 2004
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Joseph M. Melendez, II, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Joseph M. Melendez, II, appeals the district court’s
order dismissing his 42 U.S.C. § 1983 (2000) complaint without
prejudice for failure to exhaust administrative remedies. The
district court properly required exhaustion of administrative
remedies under 42 U.S.C. § 1997e(a) (2000). Because Melendez did
not demonstrate to the district court that he had exhausted
administrative remedies or that such remedies were not available,
the court’s dismissal of the action, without prejudice, was not an
abuse of discretion. Accordingly, we affirm the district court’s
order. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED

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