Dye v. Ozmint ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7260
ANTHONY DYE,
Plaintiff - Appellant,
versus
JON E. OZMINT, Commissioner; SOUTH CAROLINA
DEPARTMENT OF CORRECTIONS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. David C. Norton, District Judge. (CA-
03-2109-18BJ)
Submitted: October 15, 2003 Decided: November 25, 2003
Before LUTTIG, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony Dye, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Dye appeals the district court’s order accepting the
recommendation of the magistrate judge and dismissing his 42 U.S.C.
§ 1983 (2000) complaint without prejudice for failure to exhaust
administrative remedies. The district court properly required
exhaustion of administrative remedies under 42 U.S.C. § 1997e(a)
(2000). Because Dye 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. Accordingly, we deny
Dye’s motion for preparation of transcripts, deny Dye’s motion for
appointment of counsel, and 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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