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  • Meade v. Wallace, 4th Cir. (2005)

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    1) Jerry Meade appealed the district court's dismissal of his §1983 complaint against prison officials without prejudice for failure to exhaust administrative remedies. 2) The district court correctly required exhaustion of administrative remedies under 42 U.S.C. §1997e(a). 3) Because Meade did not exhaust administrative remedies, the district court did not abuse its discretion by dismissing the action without prejudice.

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    Filed: 2005-02-03 Precedential Status: Non-Precedential Docket: 04-7479

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    1) Jerry Meade appealed the district court's dismissal of his §1983 complaint against prison officials without prejudice for failure to exhaust administrative remedies. 2) The district court correctly required exhaustion of administrative remedies under 42 U.S.C. §1997e(a). 3) Because Meade did not exhaust administrative remedies, the district court did not abuse its discretion by dismissing the action without prejudice.

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    2 views2 pages

    Meade v. Wallace, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    1) Jerry Meade appealed the district court's dismissal of his §1983 complaint against prison officials without prejudice for failure to exhaust administrative remedies. 2) The district court correctly required exhaustion of administrative remedies under 42 U.S.C. §1997e(a). 3) Because Meade did not exhaust administrative remedies, the district court did not abuse its discretion by dismissing the action without prejudice.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7479

    JERRY R. MEADE,
    Plaintiff - Appellant,
    versus
    CAROLE
    WALLACE,
    Warden;
    D.
    L.
    GRAHAM,
    Assistant Warden; BRADEN FOM, Food Service
    Supervisor,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Claude M. Hilton, District
    Judge. (CA-04-850)

    Submitted:

    January 27, 2005

    Decided:

    February 3, 2005

    Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Jerry R. Meade, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jerry

    R.

    Meade

    appeals

    the

    district

    courts

    order

    dismissing his 42 U.S.C. 1983 (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

    Meade

    did

    not

    exhaust

    administrative remedies, the courts dismissal of the action,


    without prejudice, was not an abuse of discretion. Accordingly, we
    affirm the district courts 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

    - 2 -

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