UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6877 JAMES CALVIN ADDISON,

Plaintiff - Appellant,

versus

RIDGELAND CORRECTIONAL INSTITUTION; SOUTH

CAROLINA DEPARTMENT OF CORRECTIONS; CAPTAIN

EICHELBERGER; CAPTAIN SALWIERZ; CHRISTOPHER

FELDER, Major; BRUCE RIVERS, Associate Warden;

MR. REX DERNE, School Principal; MS. SHANNON

CREWS, Administrative Assistant; LIEUTENANT

MCNEIL; CORPORAL HAYWARD, Security; TIMOTHY

LILLY; OFFICE CLERK; ARTHUR LITHY, Law Library

Clerk,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Cha rleston. Henry M. Herlong, Jr., District Judge. (CA-04-550-2-20AJ)

Submitted: November 4, 2004 Decided: November 9, 2004

Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Calvin Addison, Appellant Pro Se. - 2 - Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

- 3 - PER CURIAM: James Calvin Addison seeks to appeal the district courtÂ’s order accepting the recommendation of the magistrate judge and

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 Addison did not demonstrate to

the district court that he had exhausted administrative remedies or

that such remedies were not available, the courtÂ’s dismissal of the

action, without prejudice, was not an abuse of discretion.

Accordingly, we affirm the district courtÂ’s 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