Jones v. Brent ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7604
GREGORY R. JONES,
Plaintiff - Appellant,
versus
ZOEE BRENT, Nurse/PCC & VCCM; LUCY L. JONES,
Nurse LPN @ VCCW; SARGEANT MURRICE,
Correctional Officer @ PCC,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CA-03-617-2)
Submitted: November 19, 2003 Decided: December 8, 2003
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Gregory R. Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gregory R. Jones appeals the district court’s order dismissing
without prejudice his complaint filed under 42 U.S.C. § 1983(2000), for failure to exhaust administrative remedies. The
district court properly required exhaustion of administrative
remedies under 42 U.S.C. § 1997e(a) (2000). Because Jones 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 also find that the district court properly
denied relief on Jones’ claims that accrued more than two years
before he filed his complaint. See Va. Code Ann. § 8.01-243 (Michie
2000). 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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