057821.U

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7821
LARRY LAMONT BUSH,
Plaintiff - Appellant,
versus
BROADWATER, Officer; SERGEANT COLEMAN;
MICHAELS, Lieutenant; SHOCKEY, Case Manager,
Mr.; MILLER, Correctional Officer,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-05-
206-AMD)
Submitted: April 28, 2006 Decided: May 11, 2006
Before WILKINSON, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Larry Lamont Bush, Appellant Pro Se. Glenn William Bell, OFFICE OF
THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Larry Lamont Bush appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2000) complaint for failure to
exhaust administrative remedies and denying his motion for
reconsideration. The district court properly required exhaustion
of administrative remedies under 42 U.S.C. § 1997e(a) (2000).
Because Bush 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 was not an abuse of
discretion. Accordingly, we affirm the district court’s order,
which is modified to reflect that the dismissal was without
prejudice to Bush’s right to refile once he has exhausted his
administrative remedies. 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 AS MODIFIED

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