Masada v. Brown , 98 F. App'x 262 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6286
EL SHADDAI MASADA,
Plaintiff - Appellant,
versus
BONNIE BURELLE BROWN,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Joseph F. Anderson, Jr., Chief
District Judge. (CA-03-2779-8-17BI)
Submitted: May 27, 2004 Decided: June 3, 2004
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
El Shaddai Masada, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
El Shaddai Masada 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 Masada 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 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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