Payne v. Dept of Corrections ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6283
STEPHEN D. PAYNE,
Plaintiff - Appellant,
versus
DEPARTMENT OF CORRECTIONS; INDIAN CREEK COR-
RECTIONAL CENTER; CORRECTIONAL OFFICER MEYERS;
NURSE GLOWAKI, L.P.N.; K. V. MCWATERS, Head
Nurse,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge.
(CA-96-967-2)
Submitted: May 29, 1997 Decided: June 10, 1997
Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Stephen D. Payne, 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Unpublished opinions are not binding precedent in this circuit.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. Acting pursuant to 42 U.S.C.
§ 1997e (1994), the district court ordered Appellant to exhaust
administrative remedies, to advise the court within the time al-
lotted by statute of the result of the administrative proceedings,
and warned Appellant that failure to comply with the order would
result in dismissal of the action. Appellant failed to comply with
this order, and the district court dismissed the case without
prejudice upon expiration of the allowed period.
The district court could properly require exhaustion of admin-
istrative remedies under 42 U.S.C. § 1997e. Its dismissal of the
action, without prejudice, when Appellant failed to comply with its
order was not an abuse of discretion. We therefore affirm the judg-
ment below. 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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