Ferman Alvin Ruppe, Jr., appeals the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find the district court did not abuse its discretion in dismissing the complaint. Accordingly, we grant leave to proceed in forma pauperis and affirm on the reasoning of the district court. See Ruppe v. Johnson, No. CA-03-581-7 (W.D.Va. Oct. 31, 2003). 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