UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6220
LAWRENCE MORGAN JACKSON,
Plaintiff - Appellant,
versus
COMMONWEALTH OF VIRGINIA; PIEDMONT REGIONAL
JAIL; MR. BARLOW, Superintendent; MR. MAR-
SHALL, Captain; LIEUTENANT WINNE; DOCTOR
GORDEN; JAILORS; MRS. WRIGHT, Nurse,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge.
(CA-97-131-2)
Submitted: May 29, 1997 Decided: June 10, 1997
Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lawrence Morgan Jackson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court's order dismissing his 42
U.S.C. § 1983 (1994) complaint without prejudice for failure to ex-
haust administrative remedies. The district court properly required
exhaustion of administrative remedies under 42 U.S.C.A. § 1997e(a)
(West Supp. 1997). Because Appellant 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. We
therefore deny leave to proceed in forma pauperis and dismiss the
appeal. 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.
DISMISSED
2