Testo completo
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6575
FRED J. HAWKINS,
Plaintiff - Appellant,
versus
K. JOHNSON, Maintenance Officer,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CA-03-232-AM)
Submitted: May 15, 2003 Decided: May 29, 2003
Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Fred J. Hawkins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Fred J. Hawkins 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 Hawkins 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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