UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6726
ARGENI BATALDO-CASTILLO,
Petitioner - Appellant,
v.
WARDEN TRAVIS M. BRAGG,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Richard M. Gergel, District
Judge. (6:15-cv-03717-RMG)
Submitted: January 30, 2017 Decided: March 3, 2017
Before FLOYD and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Argeni Bataldo-Castillo, Appellant Pro Se. Christopher Gibbs,
OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Argeni Bataldo-Castillo, a federal prisoner, appeals the
district court’s order accepting the recommendation of the
magistrate judge and denying relief on his 28 U.S.C. § 2241
(2012) petition. It is undisputed that Bataldo-Castillo did not
exhaust his administrative remedies before filing his petition.
Although the district court denied Bataldo-Castillo’s petition
with prejudice on the merits, we conclude that the dismissal
should have been without prejudice for failure to exhaust. See
Timms v. Johns, 627 F.3d 525, 530-31 (4th Cir. 2010).
Accordingly, we affirm the dismissal order as modified to
reflect that the dismissal is without prejudice. See 28 U.S.C.
§ 2106 (2012). 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 AS MODIFIED
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