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201 F. App'x 929

Watts v. O'Brien

U.S. Courts of Appeals

Decided October 3, 2006

U.S. Courts of Appeals · decided 2006-10-03

Applies 42 U.S.C. § 1997E

Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Pacific Insurance Company v. American National Fire Insurance Company, Rail Link, Incorporated

Decided 2006-10-03

PER CURIAM.

¶1Andre Sylvester Watts appeals the district court’s orders dismissing his Bivens* complaint without prejudice for failure to exhaust administrative remedies and denying his motion filed under Fed.R.Civ.P. 59(e). The district court properly required exhaustion of administrative remedies under 42 U.S.C. § 1997e(a) (2000). Because Watts did not fully exhaust his administrative remedies, we find no error in the court’s dismissal of the action without prejudice. Id. Nor did the district court abuse its discretion in denying Watts’ Rule 59(e) motion. See Pacific Ins. Co. v. American Nat’l Fire Ins. Co., 148 F.3d 396, 402 (4th Cir.1998) (providing standard). We therefore affirm the district court’s orders. 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.

¶2AFFIRMED.

¶3Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).

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