Public-domain · open source
OpenJurist

98 F. App'x 262

Masada v. Brown

U.S. Courts of Appeals

Decided June 3, 2004

This page is marked noindex.

U.S. Courts of Appeals · decided 2004-06-03

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E

Affirmed by unpublished per curiam opinion · Decided 2004-06-03

PER CURIAM:

¶1 El Shaddai Masada appeals the district court’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 Masada did not demonstrate to the district court that he had exhausted administrative remedies or that such remedies were not available, the court’s dismissal of the action, without prejudice, was not an abuse of discretion. Accordingly, we affirm the district court’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.

¶2 AFFIRMED

/98/fappx/262 · .json · Public domain