¶1 Unpublished opinions are not binding precedent in this circuit.
¶2 Michael D. James seeks to appeal the district court’s order accepting the recommendation of the magistrate judge, granting summary judgment to defendants, and dismissing his 42 U.S.C. § 1983 (2012) complaint without prejudice for failure to exhaust administrative remedies. Upon review, we vacate the district court’s order and remand the case with instructions to allow James a reasonable time to exhaust his administrative remedies and then, if necessary, move to .amend his complaint. We deny James’ motion for appointment of counsel and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
¶3 VACATED AND REMANDED