UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6099

ETHARD SHERWAND WILLIAMS,

Plaintiff - Appellant,

versus

DAVID HARMON, Superintendent; WALTER REED MEDICAL CENTER, Director; JOHN DOE, Jail Physician,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., District Judge. (CA-03-877-02)

Submitted: March 25, 2004 Decided: April 1, 2004

Before TRAXLER, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ethard Sherwand Williams, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Ethard Sherwand Williams 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 Williams 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. Because the dismissal was without prejudice,

Williams may, of course, refile his action in the district court if

he can demonstrate exhaustion of all available administrative

remedies. 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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