UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7260

ANTHONY DYE,

Plaintiff - Appellant,

versus

JON E. OZMINT, Commissioner; SOUTH CAROLINA DEPARTMENT OF CORRECTIONS,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Anderson. David C. Norton, District Judge. (CA- 03-2109-18BJ)

Submitted: October 15, 2003 Decided: November 25, 2003

Before LUTTIG, MOTZ, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Anthony Dye, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Anthony Dye appeals the district court’s order accepting the

recommendation of the magistrate judge and dismissing his

(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 Dye 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 deny

Dye’s motion for preparation of transcripts, deny Dye’s motion for

appointment of counsel, and 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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