Pittman v. Portsmouth Sheriff ( 1999 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 99-6215
    ANTHONY ALEXANDER PITTMAN,
    Plaintiff - Appellant,
    versus
    PORTSMOUTH CITY SHERIFF’S DEPARTMENT; THE
    JOHNS/JANE DOES, in Classification; MAJOR
    BULLOCK; DEPUTY JONES; LIEUTENANT JOHN DOE;
    THE JOHNS/JANE DOES that were involved rightly
    in securing the incident;
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Henry C. Morgan, Jr., District
    Judge. (CA-98-199)
    Submitted:   May 25, 1999                     Decided:   June 2, 1999
    Before ERVIN, WILKINS, and MICHAEL, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Anthony Alexander Pittman, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Anthony Alexander Pittman appeals the district court’s order
    dismissing his 
    42 U.S.C.A. § 1983
     (West Supp. 1998) complaint for
    failure to establish administrative exhaustion.    We have reviewed
    the record and the district court’s opinion and find no reversible
    error.    Accordingly, we affirm on the reasoning of the district
    court.   See Pittman v. Portsmouth City Sheriff’s Dep’t, No. CA-98-
    199 (E.D. Va. Feb. 2, 1999).   We note that the district court dis-
    missed the action without prejudice; Pittman will still be subject
    to the administrative exhaustion requirement if he chooses to re-
    file.    See 42 U.S.C.A. § 1997e(a) (West Supp. 1999).   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
    2
    

Document Info

Docket Number: 99-6215

Filed Date: 6/2/1999

Precedential Status: Non-Precedential

Modified Date: 4/18/2021