Dehoney v. Maynard

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 21, 2003
• Docket: 03-6800
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6800

MICHAEL F. DEHONEY,

Plaintiff - Appellant,

versus

GARY MAYNARD; JOYCE LAWTON; COCIE RUSHTON,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Margaret B. Seymour, District Judge. (CA-02-321)

Submitted: August 14, 2003 Decided: August 21, 2003

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael F. Dehoney, Appellant Pro Se. John Evans James, III, LEE, ERTER, WILSON, JAMES, HOLLER & SMITH, L.L.C., Sumter, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Michael F. Dehoney 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 and the order denying the motion

for reconsideration. The district court properly required

exhaustion of administrative remedies under 42 U.S.C. § 1997e(a)

(2000). Because Dehoney 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 orders. 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