United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 99-2459 ___________

Lee Charles Millsap, Jr. * * Appellant, * * v. * Appeal from the United States * District Court for the Lee Collins, SATP Counselor, * Eastern District of Arkansas. Cummins Unit, Arkansas Department * of Correction, * [UNPUBLISHED] * Appellee. * ___________

Submitted: July 7, 1999

Filed: July 27, 1999 ___________

Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Arkansas inmate Lee Charles Millsap, Jr., appeals the district court’s1 order dismissing his 42 U.S.C. § 1983 action for failure to exhaust available administrative remedies. Upon a thorough review of the record, we conclude the district court’s

1 The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendation of the Honorable H. David Young, United States Magistrate Judge for the Eastern District of Arkansas. dismissal of Millsap’s complaint was proper. See 42 U.S.C. § 1997e(a). Accordingly, we affirm the district court’s order, but modify it to reflect that the dismissal is without prejudice to Millsap’s right to refile his complaint should he exhaust his administrative remedies. See 8th Cir. R. 47A(a).

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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