USCA4 Appeal: 22-6866 Doc: 11 Filed: 11/23/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6866

KELLY HARPER,

Petitioner - Appellant,

v.

WARDEN OF SFF HAZELTON,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:22-cv-00072-JPB-JPM)

Submitted: November 17, 2022 Decided: November 23, 2022

Before KING, QUATTLEBAUM, and RUSHING, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

Kelly Harper, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6866 Doc: 11 Filed: 11/23/2022 Pg: 2 of 2

PER CURIAM:

Kelly Harper, a federal prisoner, appeals the district court’s order dismissing with

prejudice her

petition in which she challenged the execution of her

sentence. We have reviewed the record and find no reversible error. Accordingly, we

affirm the district court’s order, Harper v. Warden of SFF Hazelton, No. 5:22-cv-00072-

JPB-JPM (N.D.W. Va. July 7, 2022), but modify the order to reflect that the dismissal is

without prejudice, see Moss v. Harwood,

, 623 n.3 (4th Cir. 2021) (noting

district court’s dismissal without prejudice of prisoner’s civil rights claim for failure to

exhaust administrative remedies was “[c]onsistent with precedent” and citing cases). We

deny Harper’s motion to appoint counsel and 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 AS MODIFIED

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