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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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