White v. Stephens

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6244

WALTER DUANE WHITE,

Petitioner – Appellant,

v.

D. R. STEPHENS,

Respondent – Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:10-hc-02010-D)

Submitted: September 20, 2010 Decided: October 5, 2010

Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Walter Duane White, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Walter Duane White, a federal prisoner, appeals the

district court’s order dismissing without prejudice his

28 U.S.C.A. § 2241 (West 2006 & Supp. 2010) petition for failure

to exhaust administrative remedies and the court’s order denying

reconsideration. We have reviewed the record and find no

reversible error in the court’s conclusion that White failed to

exhaust administrative remedies before filing his § 2241

petition and failed to demonstrate that exhaustion was futile.

Accordingly, we affirm. See White v. Stephens, No. 5:10-hc-

02010-D (E.D.N.C. Feb. 8, 2010 & Feb. 16, 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