UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6328
JULIAN EDWARD ROCHESTER,
Petitioner - Appellant,
v.
DAVID M. MCCALL, Warden of Perry Correctional Institution;
STATE OF SOUTH CAROLINA; JON OZMINT, Director of South
Carolina Department of Corrections,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry M. Herlong, Jr., Senior
District Judge. (8:11-cv-00398-HMH-JDA)
Submitted: July 28, 2011 Decided: August 11, 2011
Before WILKINSON, DUNCAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Julian Edward Rochester, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
South Carolina prisoner Julian Rochester appeals the
district court’s dismissal, without prejudice, of his 28
U.S.C.A. § 2241 (West 2006 & Supp. 2011) petition. To the
extent that Rochester contends that he is being confined beyond
the expiration of his criminal sentence, his claim is subject to
dismissal because Rochester has not demonstrated exhaustion of
state remedies, as required by § 2241. See Braden v. 30th
Judicial Cir. Ct., 410 U.S. 484, 489-90 (1973). Rochester’s
claims of ineffective assistance of counsel challenge the
validity of his convictions and should be brought, if at all, in
a 28 U.S.C. § 2254 (2006) petition, see Wilkinson v. Dotson, 544
U.S. 74, 78 (2005), if Rochester obtains authorization from this
court under 28 U.S.C. § 2244(b)(2) (2006) to file such a
petition. Finally, Rochester’s claims of denial of mail and
phone privileges and beatings sound under 42 U.S.C. § 1983
(2000). We therefore affirm. We deny the motions for copies of
documents and to expedite consideration of the appeal. 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
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