Robert T. Carter v. Stephen Collins

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7841
ROBERT T. CARTER,
Plaintiff - Appellant,
versus
STEPHEN COLLINS; CATHY DIALS, Nurse,
Defendants - Appellees,
and
LUMBERTON MEDICAL STAFF; OTHER UNKNOWN PARTIE,
Defendants.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CA-02-433-5-BO)
Submitted: February 6, 2003 Decided: February 13, 2003
Before WILKINS, MICHAEL, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert T. Carter, Appellant Pro Se. James Philip Allen, OFFICE OF
THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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2
PER CURIAM:
Robert T. Carter appeals 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 Carter 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 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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