UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7959

JOSEPH M. MELENDEZ, II,

Plaintiff - Appellant,

versus

DEPUTY WILLIAMS, Hampton Sheriff's Department; HAMPTON ROADS REGIONAL JAIL, Prison Health Services,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-03-457-2)

Submitted: February 19, 2004 Decided: February 26, 2004

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joseph M. Melendez, II, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Joseph M. Melendez, II, appeals the district court’s

order 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 Melendez 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 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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