UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-8104
DONNIE J. BEST,
Petitioner - Appellant,
versus
STEVE HAYDEN; JASON DARAK; KEITH PENDERGRASS,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CA-01-813-5-HC-BO)
Submitted: March 20, 2002 Decided: April 1, 2002
Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.
Dismissed in part and affirmed in part by unpublished per curiam
opinion.
Donnie J. Best, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Donnie J. Best appeals the district court’s order denying
relief on his petition filed under 28 U.S.C. § 2241 (1994). To the
extent that Best claimed that officers used excessive force during
an arrest, the district court correctly dismissed that claim
without prejudice to Best’s right to raise the claim in a 42
U.S.C.A. § 1983 (West Supp. 2001) action. We affirm that part of
the district court’s order. The district court also properly
dismissed Best’s challenge to his conviction without prejudice to
his right to raise that challenge in a 28 U.S.C.A. § 2254 (West
1994 & Supp. 2001) petition once state remedies are exhausted. We
therefore dismiss Best’s appeal from that part of the district
court’s order.
Accordingly, we deny a certificate of appealability and
dismiss the appeal in part and affirm in part on the reasoning of
the district court. See Best v. Hayden, No. CA-01-813-5-HC-BO
(E.D.N.C. Oct. 25, 2001). We deny the motion to stay the case
until Best can file an additional brief and 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. The motion for appointment of counsel
is denied.
DISMISSED IN PART; AFFIRMED IN PART
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