Jones v. Brent

U.S. Court of Appeals for the Fourth Circuit

Jones v. Brent

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7604

GREGORY R. JONES,

Plaintiff - Appellant,

versus

ZOEE BRENT, Nurse/PCC & VCCM; LUCY L. JONES, Nurse LPN @ VCCW; SARGEANT MURRICE, Correctional Officer @ PCC,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-03-617-2)

Submitted: November 19, 2003 Decided: December 8, 2003

Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Gregory R. Jones, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Gregory R. Jones appeals the district court’s order dismissing

without prejudice his complaint filed under

42 U.S.C. § 1983

(2000), for failure to exhaust administrative remedies. The

district court properly required exhaustion of administrative

remedies under 42 U.S.C. § 1997e(a) (2000). Because Jones 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 also find that the district court properly

denied relief on Jones’ claims that accrued more than two years

before he filed his complaint. See

Va. Code Ann. § 8.01-243

(Michie

2000). 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

Reference

Status
Unpublished