Austin v. United States ( 2000 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 00-7087
    MELVIN MURTIS AUSTIN,
    Plaintiff - Appellant,
    versus
    UNITED STATES OF AMERICA; UNITED STATES DE-
    PARTMENT OF JUSTICE; BUREAU OF PRISONS,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern Dis-
    trict of North Carolina, at Raleigh. James C. Fox, District Judge.
    (CA-00-198-5-F)
    Submitted:   December 12, 2000         Decided:     December 28, 2000
    Before WILLIAMS and MOTZ, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed as modified by unpublished per curiam opinion.
    Melvin Murtis Austin, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    Local Rule 36(c).
    PER CURIAM:
    Melvin Murtis Austin appeals the district court’s order dis-
    missing his Federal Torts Claim Act complaint for failure to
    exhaust administrative remedies.       Based on the information before
    the district court, the court properly dismissed the action for
    failure to exhaust. Accordingly, we affirm on the reasoning of the
    district   court.   Austin   v.   United   States,   No.   CA-00-198-5-F
    (E.D.N.C. July 25, 2000).    Because Austin may refile his action
    after exhaustion, we modify the dismissal to be without prejudice.
    
    28 U.S.C. § 2106
     (1994).     We decline to consider in the first
    instance materials that may be proof of exhaustion that Austin at-
    tached to his informal brief filed in this court.      We dispense with
    oral argument because the facts and legal contentions are adequate-
    ly presented in the materials before the court and argument would
    not aid the decisional process.
    AFFIRMED AS MODIFIED
    2
    

Document Info

Docket Number: 00-7087

Filed Date: 12/28/2000

Precedential Status: Non-Precedential

Modified Date: 10/31/2014