UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7234
KEITH E. BAKER,
Plaintiff - Appellant,
versus
DARRELL KIDD, Lieutenant Deputy,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CA-03-511)
Submitted: December 19, 2003 Decided: January 13, 2004
Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Keith E. Baker, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Keith E. Baker, a Virginia inmate, appeals the district
court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint
without prejudice for failure to exhaust administrative remedies
pursuant to 42 U.S.C. § 1997e(a) (2000). Baker has provided this
court with evidence not submitted to the district court showing
that he had pursued administrative remedies prior to filing his
§ 1983 action. Because Baker may amend his complaint to cure the
defect identified by the district court, the dismissal order is not
final and thus is not subject to appellate review. See Domino
Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67
(4th Cir. 1993).
We therefore dismiss the appeal. 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
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