Arthur Hairston v. Eric Wilson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6267
ARTHUR L. HAIRSTON,
Petitioner – Appellant,
v.
ERIC WILSON, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, Senior
District Judge. (1:13-cv-00126-TSE-IDD)
Submitted: June 20, 2013 Decided: July 9, 2013
Before MOTZ, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Arthur L. Hairston, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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 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.
2