UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6877
JAMES CALVIN ADDISON,
Plaintiff - Appellant,
versus
RIDGELAND CORRECTIONAL INSTITUTION; SOUTH
CAROLINA DEPARTMENT OF CORRECTIONS; CAPTAIN
EICHELBERGER; CAPTAIN SALWIERZ; CHRISTOPHER
FELDER, Major; BRUCE RIVERS, Associate Warden;
MR. REX DERNE, School Principal; MS. SHANNON
CREWS, Administrative Assistant; LIEUTENANT
MCNEIL; CORPORAL HAYWARD, Security; TIMOTHY
LILLY; OFFICE CLERK; ARTHUR LITHY, Law Library
Clerk,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Henry M. Herlong, Jr., District
Judge. (CA-04-550-2-20AJ)
Submitted: November 4, 2004 Decided: November 9, 2004
Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James Calvin Addison, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
James Calvin Addison seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
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 Addison 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.
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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