Daniels v. Moore

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 26, 2003
• Docket: 03-6549
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6549

EUGENE R. DANIELS,

Plaintiff - Appellant,

versus

H. MOORE, Lieutenant; M. BROWN, Correctional Officer; A. SMITH, Correctional Officer; SCOTT JOHNSON, Grievance Clerk,

Defendants -Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Margaret B. Seymour, District Judge. (CA-01-583-9-24)

Submitted: May 21, 2003 Decided: June 26, 2003

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eugene R. Daniels, Appellant Pro Se. Robert Thomas King, Jay Hupfer, WILLCOX, BUYCK & WILLIAMS, P.A., Florence, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Eugene R. Daniels appeals the district court’s order

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 Daniels did not demonstrate to

the district court that he had exhausted administrative remedies,

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