Dari D. Alt appeals the district court’s order dismissing without prejudice his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. Alt also seeks to appeal the district court’s order dismissing without prejudice his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000) for failure to exhaust state remedies. We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Alt v. West Virginia, No. CA-00-592 (S.D.W.Va. Aug. 8, 2000).

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.

AFFIRMED.