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  • Smith v. Va Med Dept, 4th Cir. (2005)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal without prejudice of Aalon Smith's 42 U.S.C. § 1983 complaint. The district court had previously ordered Smith to amend and particularize his complaint and to inform the court whether he had exhausted his administrative remedies, which Smith failed to do. The Court of Appeals found no reversible error in the district court's decision to dismiss the complaint for failure to comply with its orders.

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    Filed: 2005-11-30 Precedential Status: Non-Precedential Docket: 05-7455

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal without prejudice of Aalon Smith's 42 U.S.C. § 1983 complaint. The district court had previously ordered Smith to amend and particularize his complaint and to inform the court whether he had exhausted his administrative remedies, which Smith failed to do. The Court of Appeals found no reversible error in the district court's decision to dismiss the complaint for failure to comply with its orders.

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    2 views2 pages

    Smith v. Va Med Dept, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal without prejudice of Aalon Smith's 42 U.S.C. § 1983 complaint. The district court had previously ordered Smith to amend and particularize his complaint and to inform the court whether he had exhausted his administrative remedies, which Smith failed to do. The Court of Appeals found no reversible error in the district court's decision to dismiss the complaint for failure to comply with its orders.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7455

    AALON SMITH,
    Plaintiff - Appellant,
    verus
    VIRGINIA MEDICAL DEPARTMENT FOR THE DEPARTMENT
    OF CORRECTIONS; PAGE TOUE, Warden,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Gerald Bruce Lee, District
    Judge. (CA-05-138-GBL)

    Submitted:

    November 17, 2005

    Decided:

    November 30, 2005

    Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Aalon Smith, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Aalon Smith appeals the district courts order dismissing
    his 42 U.S.C. 1983 (2000) complaint without prejudice for failure
    to comply with the courts previous orders to particularize and
    amend

    the

    complaint

    and

    to

    inform

    the

    court

    whether

    he

    had

    exhausted his administrative remedies. We have reviewed the record


    and the district courts opinion and find no reversible error.
    Accordingly, we affirm for the reasons stated by the district
    court.

    See Smith v. Va. Med. Dept for Dept of Corrs., No.

    CA-05-138-GBL (E.D. Va. filed Aug. 26, 2005 & entered Aug. 29,
    2005).

    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

    - 2 -

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