UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7096

ROGELIO ARCE,

Petitioner - Appellant,

v.

WARDEN, FCI-Williamsburg,

Respondent – Appellee,

and

ARMANDO MIRELES, DHO & ERT Commander; MICHAEL DOPORTO, SIS,

Respondents.

Appeal from the United States District Court for the District of South Carolina, at Florence. Cameron McGowan Currie, District Judge. (4:09-cv-02248-CMC)

Submitted: February 10, 2011 Decided: February 18, 2011

Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Rogelio Arce, Appellant Pro Se. Barbara Murcier Bowens, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Rogelio Arce, a federal prisoner, appeals the district

court’s order accepting the recommendation of the magistrate

judge and dismissing without prejudice Arce’s

(West 2006 & Supp. 2010) petition for failure to exhaust

administrative remedies. We have reviewed the record and find

no reversible error. Accordingly, we affirm for the reasons

stated by the district court. See Arce v. Warden, No. 4:09-cv-

02248-CMC (D.S.C. July 30, 2010). 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

3