Richmond v. Sizer

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6460
GUY LANCASTER RICHMOND,
Plaintiff - Appellant,
versus
WARDEN SIZER,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, District Judge.
(CA-97-3933-WMN)
Submitted: August 27, 1998 Decided: September 17, 1998
Before NIEMEYER and HAMILTON, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Guy Lancaster Richmond, 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Unpublished opinions are not binding precedent in this circuit.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
exhaust administrative remedies. The district court properly re-
quired exhaustion of administrative remedies under 42 U.S.C.A.
§ 1997e(a) (West Supp. 1998). 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 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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