Russell v. Leach

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6446

EVERETT T. RUSSELL,

Plaintiff - Appellant,

versus

CORPORAL LEACH, Work Release Coordinator; MIKE TAYLOR, Sergeant, Food Service Supervisor; DOCTOR OFOGH, JJD, Virginia Peninsula Regional Jail Doctor,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (CA-04-126)

Submitted: October 1, 2004 Decided: October 21, 2004

Before LUTTIG, MOTZ, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Everett T. Russell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Everett T. Russell appeals the district court’s order

dismissing his 42 U.S.C. § 1983 (2000) complaint without prejudice

for failure to exhaust administrative remedies. “No action shall

be brought with respect to prison conditions . . . by a prisoner

confined in any jail, prison, or other correctional facility until

such administrative remedies as are available are exhausted.” 42

U.S.C. § 1997e(a) (2000). We find no abuse of discretion in the

district court’s dismissal of the complaint without prejudice to

allow Russell an opportunity to exhaust his administrative

remedies, as required by § 1997e(a). 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

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