Robert Frost, Jr v. GEORGE T. HAGAN, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6771
ROBERT FROST, JR.,
Plaintiff - Appellant,
versus
GEORGE T. HAGAN, Warden,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Joseph F. Anderson, Jr., Chief
District Judge. (CA-05-723-8)
Submitted: September 29, 2005 Decided: October 7, 2005
Before WILKINSON, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert Frost, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Robert Frost, Jr., seeks to appeal 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 Frost 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 for the reasons stated
by the district court. See Frost v. Hagan, No. CA-05-723-8 (D.S.C.
Apr. 28, 2005). 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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