Everett T. Russell v. CORPORAL LEACH, Work Release Coordinator

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6446
EVERETT T. RUSSELL,
Plaintiff - Appellant,
versus
CORPORAL LEACH, Work Release Coordinator; MIKE
TAYLOR, Sergeant, Food Service Supervisor;
DOCTOR OFOGH, JJD, Virginia Peninsula Regional
Jail Doctor,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior
District Judge. (CA-04-126)
Submitted: October 1, 2004 Decided: October 21, 2004
Before LUTTIG, MOTZ, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Everett T. Russell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Everett T. Russell appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2000) complaint without prejudice
for failure to exhaust administrative remedies. “No action shall
be brought with respect to prison conditions . . . by a prisoner
confined in any jail, prison, or other correctional facility until
such administrative remedies as are available are exhausted.” 42
U.S.C. § 1997e(a) (2000). We find no abuse of discretion in the
district court’s dismissal of the complaint without prejudice to
allow Russell an opportunity to exhaust his administrative
remedies, as required by § 1997e(a). 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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