Simon Newman appeals the district court order adopting the recommendation of the magistrate judge and dismissing without prejudice Newman’s civil action. We have reviewed the record and find no reversible error. ’Accordingly, we affirm on the district court’s, reasoning that Newman did not exhaust his administrative remedies under the Federal Tort Claims Act, 28 U.S.C.A. § 2675(a) (2000). See Newman v. Haynes, No. 5:06-cv-00091-FPS, 2007 WL 1960610 (N.D.W.Va. July 2, 2007). We dispense with oral argument *707 because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.