Frost v. Hagan

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 7, 2005
• Docket: 05-6771
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6771

ROBERT FROST, JR.,

Plaintiff - Appellant,

versus

GEORGE T. HAGAN, Warden,

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-05-723-8)

Submitted: September 29, 2005 Decided: October 7, 2005

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert Frost, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Robert Frost, Jr., seeks to appeal 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 Frost 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 for the reasons stated

by the district court. See Frost v. Hagan, No. CA-05-723-8 (D.S.C.

Apr. 28, 2005). 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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