UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6099
ETHARD SHERWAND WILLIAMS,
Plaintiff - Appellant,
versus
DAVID HARMON, Superintendent; WALTER REED
MEDICAL CENTER, Director; JOHN DOE, Jail
Physician,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr., District
Judge. (CA-03-877-02)
Submitted: March 25, 2004 Decided: April 1, 2004
Before TRAXLER, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ethard Sherwand Williams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ethard Sherwand Williams 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 Williams 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. Because the dismissal was without prejudice,
Williams may, of course, refile his action in the district court if
he can demonstrate exhaustion of all available administrative
remedies. 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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