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    Melendez v. Williams, 4th Cir. (2004)

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    This document is a 3-paragraph unpublished opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's dismissal without prejudice of Joseph Melendez's 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies. The district court correctly required exhaustion of administrative remedies under 42 U.S.C. § 1997e(a). As Melendez did not demonstrate to the district court that he had exhausted administrative remedies or that such remedies were not available, the dismissal without prejudice was not an abuse of discretion. The Fourth Circuit affirms the district court's order.

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    Melendez v. Williams, 4th Cir. (2004)

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    This document is a 3-paragraph unpublished opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's dismissal without prejudice of Joseph Melendez's 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies. The district court correctly required exhaustion of administrative remedies under 42 U.S.C. § 1997e(a). As Melendez did not demonstrate to the district court that he had exhausted administrative remedies or that such remedies were not available, the dismissal without prejudice was not an abuse of discretion. The Fourth Circuit affirms the district court's order.

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    Filed: 2004-02-26 Precedential Status: Non-Precedential Docket: 03-7959

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    This document is a 3-paragraph unpublished opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's dismissal without prejudice of Joseph Melendez's 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies. The district court correctly required exhaustion of administrative remedies under 42 U.S.C. § 1997e(a). As Melendez did not demonstrate to the district court that he had exhausted administrative remedies or that such remedies were not available, the dismissal without prejudice was not an abuse of discretion. The Fourth Circuit affirms the district court's order.

    Copyright:

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    6 views2 pages

    Melendez v. Williams, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is a 3-paragraph unpublished opinion from the United States Court of Appeals for the Fourth Circuit affirming the district court's dismissal without prejudice of Joseph Melendez's 42 U.S.C. § 1983 complaint for failure to exhaust administrative remedies. The district court correctly required exhaustion of administrative remedies under 42 U.S.C. § 1997e(a). As Melendez did not demonstrate to the district court that he had exhausted administrative remedies or that such remedies were not available, the dismissal without prejudice was not an abuse of discretion. The Fourth Circuit affirms the district court's order.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7959

    JOSEPH M. MELENDEZ, II,


    Plaintiff - Appellant,
    versus

    DEPUTY WILLIAMS, Hampton Sheriff's Department;


    HAMPTON ROADS REGIONAL JAIL, Prison Health
    Services,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Jerome B. Friedman, District
    Judge. (CA-03-457-2)

    Submitted: February 19, 2004

    Decided:

    February 26, 2004

    Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Joseph M. Melendez, II, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Joseph M. Melendez, II, appeals the district courts
    order dismissing his 42 U.S.C. 1983 (2000) complaint without
    prejudice for failure to exhaust administrative remedies.
    district

    court

    properly

    required

    exhaustion

    remedies under 42 U.S.C. 1997e(a) (2000).


    not

    demonstrate

    to

    the

    district

    court

    of

    The

    administrative

    Because Melendez did

    that

    he

    had

    exhausted

    administrative remedies or that such remedies were not available,


    the courts dismissal of the action, without prejudice, was not an
    abuse of discretion.
    order.

    Accordingly, we affirm the district courts

    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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