Jennifer Lynn Palazzi, a/k/a Stanley Palazzi v. DAVID B. EVERETT, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7651
JENNIFER LYNN PALAZZI, a/k/a Stanley Palazzi,
Plaintiff - Appellant,
versus
DAVID B. EVERETT, Warden; ROBISON, Psychologist;
GENE JOHNSON, Director, VDOC,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Walter D. Kelley, Jr., District
Judge. (CA-04-558-2)
Submitted: February 24, 2005 Decided: March 7, 2005
Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jennifer Lynn Palazzi, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Jennifer Lynn Palazzi appeals the district court’s order
dismissing her 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 Palazzi did not demonstrate to
the district court that she 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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