Deondre Russell v. U.S. Marshal

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 29, 2022
• Docket: 22-6713
• Status: Unpublished

Opinion

USCA4 Appeal: 22-6713 Doc: 10 Filed: 11/29/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6713

DEONDRE MONTREAL RUSSELL,

Petitioner - Appellant,

v.

U.S. MARSHAL,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Richard E. Myers, II, Chief District Judge. (5:21-hc-02200-M)

Submitted: October 21, 2022 Decided: November 29, 2022

Before THACKER, HARRIS, and HEYTENS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Deondre Montreal Russell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6713 Doc: 10 Filed: 11/29/2022 Pg: 2 of 2

PER CURIAM:

Deondre Montreal Russell appeals the district court’s order dismissing without

prejudice his 28 U.S.C. § 2241 petition challenging his pretrial detention. We have

reviewed the record and find no reversible error. Specifically, Russell has not shown that

the district court erred in determining that he failed to exhaust his available remedies. See

Timms v. Johns, 627 F.3d 525, 530-31 (4th Cir. 2020) (noting in absence of extraordinary

circumstances, petitioner must exhaust alternative remedies prior to seeking a writ of

habeas corpus). Accordingly, we affirm the district court’s order. Russell v. U.S. Marshal,

No. 5:21-hc-02200-M (E.D.N.C. June 3, 2022). 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