Dontese Edwards v. Nussle, 122 S. Ct. 983, 992 2002 . Because Edwards did not demonstrate to the…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7650
DONTESE EDWARDS,
Plaintiff - Appellant,
versus
MR. TURKINGTON,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CA-01-690-2)
Submitted: March 14, 2002 Decided: April 12, 2002
Before WIDENER, WILKINS, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Dontese Edwards, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Dontese Edwards appeals the district court’s order dismissing
his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint without
prejudice 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). See
Porter v. Nussle, 122 S. Ct. 983, 992 (2002). Because Edwards 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. We therefore 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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