Delaware Valroy Keys, Plaintiff-appellant, v. David L. Graham, Assistant Warden Programs; Charles L.starkes, Watch Commander; Glenn Majette,informant; Martha Harris, Food Servicesupervisor, Defendants-appellees, 902 F.2d 29 (4th Cir. 1990)Annotate this Case
Submitted April 2, 1990. Decided April 12, 1990
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, District Judge. (C/A No. 89-671-N)
Delaware Valroy Keys, appellant pro se.
Mary Sue Terry, Attorney General, Richmond, Va., for appellees.
Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit Judges.
Delaware Valroy Keys appeals the district court's order dismissing this 42 U.S.C. § 1983 action for failure to demonstrate administrative exhaustion. Acting pursuant to 42 U.S.C. § 1997e, the district court ordered appellant to exhaust administrative remedies and to advise the court within 100 days of the result of the administrative proceedings. It warned appellant that failure to advise the court regarding exhaustion would result in dismissal of the action. The district court dismissed the case without prejudice upon expiration of the 100-day period, appellant not having complied with its order.
The district court could properly require exhaustion of administrative remedies under 42 U.S.C. § 1997e. Its dismissal of the action, without prejudice, when appellant failed to comply with its order was not an abuse of discretion. We therefore deny leave to proceed in forma pauperis and dismiss the appeal. 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.