UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7121
KEVIN L. CHOICE,
Plaintiff - Appellant,
versus
LIEUTENANT BROGTON, Kershaw Correctional
Institution, South Carolina Department of
Corrections; SOUTH CAROLINA DEPARTMENT OF
CORRECTIONS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. David C. Norton, District Judge.
(CA-00-1620-0-18BD)
Submitted: November 9, 2000 Decided: November 15, 2000
Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kevin L. Choice, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kevin L. Choice appeals the district court's order dismissing
without prejudice his 42 U.S.C.A. § 1983 (West Supp. 2000) com-
plaint and order denying his motion to reconsider. The court
dismissed Choice’s complaint based on his failure to exhaust his
state and administrative remedies. Because Choice may proceed with
this action by first exhausting his remedies and thereafter
amending his complaint to provide the exhaustion information re-
quested by the court, his appeal is interlocutory and not subject
to appellate review. See Domino Sugar Corp. v. Sugar Workers Local
Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). Accordingly, we
dismiss the appeal for lack of jurisdiction. 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.
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.
DISMISSED
2