UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7395

CALVIN EUGENE CLARK, JR.,

Plaintiff - Appellant,

versus

T. AYALA, Senior Deputy; DEPUTY WEATHERS,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (CA-05-482-2)

Submitted: November 17, 2005 Decided: November 30, 2005

Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Calvin Eugene Clark, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Calvin Eugene Clark, Jr., 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 Clark 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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