UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7686
EUGENE P. PATTERSON
Plaintiff - Appellant,
versus
NICKERSON; DICK CHASSE; JOSEPH M. BROOKS; R.
M. WHITE; HARRELL WATTS; TOM BURKETT; RICHARD
L. KEISTER; SUSAN GOLDY,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (CA-03-583-2)
Submitted: April 28, 2005 Decided: May 3, 2005
Before WILLIAMS, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Eugene P. Patterson, Appellant Pro Se. Virginia Lynn Van
Valkenburg, Assistant United States Attorney, Norfolk, Virginia,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eugene P. Patterson 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 Patterson 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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