UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-8040
LINWOOD S. HASKINS,
Plaintiff - Appellant,
versus
DARNLEY R. HODGES, SR., Superintendent
Riverside Regional Jail,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior
District Judge. (2:06-cv-00385-HCM)
Submitted: March 21, 2007 Decided: April 6, 2007
Before WILKINSON and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Linwood S. Haskins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Linwood S. Haskins appeals the district court’s order
dismissing his complaint pursuant to 42 U.S.C. § 1983 (2000) on the
ground Haskins failed to establish he exhausted his administrative
remedies as required by the Prison Litigation Reform Act, 42 U.S.C.
§ 1997(e)(a) (2000) (“PLRA”). After the district court dismissed
Haskins’ complaint, the Supreme Court rendered its decision in
Jones v. Bock, 127 S. Ct. 910 (2007), and held that “failure to
exhaust is an affirmative defense under the PLRA” and “inmates are
not required to specially plead or demonstrate exhaustion in their
complaints.” Id. at 921. Although the district court erred under
Jones in dismissing Haskins’ complaint for his failure to establish
exhaustion, we affirm the district court’s order on the modified
grounds that Haskins failed to state a claim upon which relief can
be granted and that his complaint is frivolous pursuant to 28
U.S.C. § 1915(e)(2) (2000). We also modify the district court’s
order to reflect that the dismissal is with prejudice. We deny
Haskins’ motions for release from confinement, to add an additional
party, and for appointment of counsel. 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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