Barile v. Young

U.S. Court of Appeals for the Fourth Circuit
Barile v. Young, 30 F. App'x 109 (4th Cir. 2002)

Barile v. Young

Opinion

PER CURIAM.

Keith Barile appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint without prejudice for failure to exhaust administrative remedies. The district court properly required exhaustion of administrative remedies under 42 U.S.C.A. § 1997e(a) (West Supp. 2001). Because Appellant 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. We therefore 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.

Reference

Full Case Name
Keith BARILE, Plaintiff-Appellant, v. S.K. YOUNG; Jon Masella, on Site Monitor, Wallens Ridge State Prison; H. Jordan, R.D.A., Wallens Ridge State Prison, Defendants-Appellees, and Ronald J. Angelone, Director, Virginia Department of Corrections; Jack Tokarz, Deputy Commander, Department of Corrections, Defendants
Status
Unpublished