Palazzi v. Everett

U.S. Court of Appeals for the Fourth Circuit
Palazzi v. Everett, 122 F. App'x 659 (4th Cir. 2005)

Palazzi v. Everett

Opinion

PER CURIAM:

Jennifer Lynn Palazzi appeals the district court’s order dismissing her 42 U.S.C. § 1983 (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 Palazzi did not demonstrate to the district court that she 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

Reference

Full Case Name
Jennifer Lynn PALAZZI, A/K/A Stanley Palazzi, Plaintiff—Appellant, v. David B. EVERETT, Warden; Robison, Psychologist; Gene Johnson, Director, VDOC, Defendants—Appellees
Status
Unpublished