Mosley v. Rustburg Correctional Unit 9

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7657 DAMION MONTEZ MOSLEY, Petitioner - Appellant, versus RUSTBURG CORRECTIONAL UNIT #9, Respondent - Appellee. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CA-01-657-7) Submitted: December 20, 2001 Decided: January 9, 2002 Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Damion Montez Mosley, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Damion Montez Mosley appeals the district court’s order dis- missing without prejudice his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001) for failure to exhaust state reme- dies. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Mosley v. Rustburg Corr. Unit #9, No. CA-01- 657-7 (W.D. Va. Aug. 30, 2001). 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. DISMISSED 2