Henry v. Mahn

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6872
JAMES BILLY HENRY,
Petitioner - Appellant,
versus
DAN MAHN,
Respondent - Appellee.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. James C. Turk, District Judge.
(CA-99-175-7)
Submitted: April 27, 2000 Decided: May 3, 2000
Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
James Billy Henry, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Billy Henry seeks to appeal the district court's order
dismissing without prejudice his petition filed under 28 U.S.C.A.
§ 2254 (West 1994 & Supp. 1999), for failure to exhaust state court
remedies. Because Henry failed to challenge the basis for the
district court's ruling in his informal brief, he has not preserved
the issue for our review. See 4th Cir. R. 34(b). Accordingly, we
deny a certificate of appealability and dismiss the appeal on the
reasoning of the district court. See Henry v. Mahn, No. CA-99-175-
7 (W.D. Va. June 11, 1999). We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
DISMISSED
2