Johnny Lee Gore appeals the district court’s order dismissing without prejudice his 28 U.S.C. § 2241 (2000) petition. Our review of the record and the district court’s opinion adopting the magistrate judge’s recommendation discloses no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Gore v. United States Attorney, No. CA-02-1894-2-12 (D.S.C. Feb. 25, 2004). We deny as unnecessary Gore’s motion for a certificate of appealability and 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