UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6015
ALVIN O. WASHINGTON,
Plaintiff - Appellant,
versus
CENTRAL VIRGINIA REGIONAL JAIL; APRIL RYDOR;
LIEUTENANT HARDERSON; LIEUTENANT SHOULDER;
LIEUTENANT WRIGHT; TONY GRIMS; OFFICER
DARNELL; J. LLOYD, Captain; CAPTAIN GRAMM;
JOHN DOES, and other unknown defendants,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-02-495-7)
Submitted: March 25, 2004 Decided: April 1, 2004
Before TRAXLER, KING, and DUNCAN, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Alvin O. Washington, Appellant Pro Se. Helen Eckert Phillips,
Stanardsville, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alvin O. Washington appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2000) complaint for failure to
exhaust administrative remedies. The district court properly
required exhaustion of administrative remedies under 42 U.S.C.
§ 1997e(a) (2000). Because Washington 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. Washington may refile his
action after exhaustion; therefore, we modify the dismissal to be
without prejudice. See 28 U.S.C. § 2106 (2000). Accordingly, we
affirm the district court’s order as modified. 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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