Gereau-Bey v. Wallens Ridge State Prison

205 F. App'x 980

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 16, 2006
• Docket: 06-6779
• Status: Unpublished

Opinion

PER CURIAM:

Beaumont Gereau-Bey appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint for failure to exhaust administrative remedies. The district court properly required exhaustion of administrative remedies under 42 U.S.C. § 1997e(a) (2000). Because Gereau-Bey did not demonstrate to the district court that he exhausted his administrative remedies or that such remedies were not available, the court’s dismissal of the action was not an abuse of discretion. Accordingly, we affirm the district court’s order, which is modified to reflect that the dismissal was without prejudice to Gereau-Bey’s right to refile once he has exhausted his administrative remedies. 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 AS MODIFIED.