Riddick v. Virginia Department of Corrections

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7509 JOHN ADDISON RIDDICK, Plaintiff - Appellant, versus VIRGINIA DEPARTMENT OF CORRECTIONS; RONALD J. ANGELONE, Director, Respondents, et al., Defendants - Appellees. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-00-733-2) Submitted: January 31, 2002 Decided: February 6, 2002 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. John A. Riddick, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: John A. Riddick appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint without preju- dice 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. 2001). Because Riddick did not demonstrate to the district court that he had exhausted admin- istrative 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. Riddick’s motion for discovery is denied. We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2