Kendrick v. Tyndall ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6544
KEVIN J. KENDRICK,
Plaintiff - Appellant,
versus
CARROL TYNDALL; DENNIS R. BIDWELL, Warden;
KATHLEEN HAWK,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Chief District Judge.
(CA-97-299-JFM)
Submitted: August 28, 1997 Decided: September 17, 1997
Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kevin J. Kendrick, Appellant Pro Se. Lynne Ann Battaglia, United
States Attorney, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court’s orders dismissing his
42 U.S.C. § 1983 (1994) complaint without prejudice for failure to
exhaust administrative remedies, and denying his motion for recon-
sideration. The district court properly required exhaustion of
administrative remedies under 42 U.S.C.A. § 1997e(a) (West Supp.
1997). 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. Appellant submitted with
his informal brief materials which may support his contention that
he exhausted his administrative remedies. However, these materials
were not presented to the district court and will not be considered
in the first instance by this court. We therefore deny Appellant's
motion for production of documents 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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