Russell v. Leach

U.S. Court of Appeals for the Fourth Circuit
Russell v. Leach, 112 F. App'x 272 (4th Cir. 2004)

Russell v. Leach

Opinion of the Court

PER CURIAM:

Everett T. Russell appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2000) complaint without prejudice for failure to exhaust administrative remedies. “No action shall be brought with respect to prison conditions ... by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a) (2000). We find no abuse of discretion in the district court’s dismissal of the complaint without prejudice to allow Russell an opportunity to exhaust his administrative remedies, as required by § 1997e(a). 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

Reference

Full Case Name
Everett T. RUSSELL v. Corporal LEACH, Work Release Coordinator Mike Taylor, Sergeant, Food Service Supervisor Doctor Ofogh, JJD, Virginia Peninsula Regional Jail Doctor
Status
Published