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30 F. App'x 274

Branch v. Cherry

U.S. Courts of Appeals

Decided March 18, 2002

U.S. Courts of Appeals · decided 2002-03-18

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on V. C O Churner · Correction Officer Porters v. Ronald Nussle

Decided 2002-03-18

PER CURIAM.

¶1Jerome Branch appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint without prejudice for failure to exhaust administrative remedies. We have reviewed the record and the district court’s opinion and find no reversible error. See Porter v. Nussle, — U.S. -, 122 S.Ct. 983, — L.Ed.2d - (2002); Booth v. Churner, 532 U.S. 731, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001). Accordingly, we affirm on the reasoning of the district court. See Branch v. Lieutenant Jones, No. CA-01-407-2 (E.D.Va. Nov. 15, 2001). We dis*275pense 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.

¶2 AFFIRMED.

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