John Addison Riddick v. Virginia Department of Corrections

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7509
JOHN ADDISON RIDDICK,
Plaintiff - Appellant,
versus
VIRGINIA DEPARTMENT OF CORRECTIONS; RONALD J.
ANGELONE, Director, Respondents, et al.,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Raymond A. Jackson, District Judge.
(CA-00-733-2)
Submitted: January 31, 2002 Decided: February 6, 2002
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John A. Riddick, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
John A. Riddick appeals the district court’s order dismissing
his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint without preju-
dice for failure to exhaust administrative remedies. The district
court properly required exhaustion of administrative remedies under
42 U.S.C.A. § 1997e(a) (West Supp. 2001). Because Riddick did not
demonstrate to the district court that he had exhausted admin-
istrative remedies or that such remedies were not available, the
court’s dismissal of the action, without prejudice, was not an
abuse of discretion. We therefore affirm the district court’s
order. Riddick’s motion for discovery is denied. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED

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