Meade v. Wallace

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7479

JERRY R. MEADE,

Plaintiff - Appellant,

versus

CAROLE WALLACE, Warden; D. L. GRAHAM, Assistant Warden; BRADEN FOM, Food Service Supervisor,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CA-04-850)

Submitted: January 27, 2005 Decided: February 3, 2005

Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jerry R. Meade, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Jerry R. Meade 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 Meade did not exhaust

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

- 2 -