Larry D. Smith v. DOCTOR ABASSI, Doctor of Riverside Jail

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6188
LARRY D. SMITH,
Plaintiff - Appellant,
versus
DOCTOR ABASSI, Doctor of Riverside Jail;
DARNLEY R. HODGES, SR., Superintendent
Riverside,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CA-01-411-2)
Submitted: April 25, 2002 Decided: May 6, 2002
Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Larry D. Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Larry D. Smith 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. 2000). Because
Smith 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. Smith v. Abassi, No. CA-01-411-2 (E.D. Va. filed
Jan. 18, 2002 & entered Jan. 22, 2002). 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

-- 2 of 2 --