Edwards v. Turkington ( 2002 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 01-7650
    DONTESE EDWARDS,
    Plaintiff - Appellant,
    versus
    MR. TURKINGTON,
    Defendant - Appellee.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (CA-01-690-2)
    Submitted:   March 14, 2002                 Decided:   April 12, 2002
    Before WIDENER, WILKINS, and KING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Dontese Edwards, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Dontese Edwards appeals the district court’s order dismissing
    his   
    42 U.S.C.A. § 1983
        (West       Supp.    2001)    complaint   without
    prejudice for failure to exhaust administrative remedies.                        The
    district    court   properly      required       exhaustion      of   administrative
    remedies under 42 U.S.C.A. § 1997e(a) (West Supp. 2001).                         See
    Porter v. Nussle, 
    122 S. Ct. 983
    , 992 (2002).                   Because Edwards 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
    2
    

Document Info

Docket Number: 01-7650

Filed Date: 4/12/2002

Precedential Status: Non-Precedential

Modified Date: 4/17/2021