U.S. Court of Appeals for the Fourth Circuit, 2013

Arthur Hairston v. Eric Wilson

U.S. Court of Appeals for the Fourth Circuit · Decided July 9, 2013 · Motz, Wynn, Diaz

532 F. App'x 359

Opinion

PER CURIAM:

Arthur Lee Hairston, Sr., a federal prisoner, appeals the district court’s order denying relief without prejudice on his 28 U.S.C. § 2241 (West 2006 & Supp. 2013) petition. Hairston also moves to file a supplemental exhibit, which we grant and consider.

The district court found that Hairston failed to exhaust his administrative remedies. We have reviewed the record and find that, given the information before the district court, there was no reversible error. * Accordingly, although we grant *360 leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. Hairston v. Wilson, No. 1:13-cv-00126-TSE-IDD (E.D. Va. filed Feb. 5 & entered Feb. 6, 2013).

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.

On appeal, Hairston has presented further evidence regarding exhaustion. While expressing no opinion on whether Hairston has or has not exhausted his administrative remedies, we note that Hairston’s petition was denied without prejudice and, thus, he is free to refile his petition in district court with his additional evidence.

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