White v. Stephens ( 2010 )

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
2