Eric Lee Ragsdale, Petitioner-appellant, v. Keith Giese; Jim C. Anders; Frank Powell, Respondent-appellee, 849 F.2d 606 (4th Cir. 1988)
Annotate this CaseEric Lee Ragsdale, appellant pro se.
Charles R. Norris (Nelson, Mullins, Riley & Scarborough), for appellee Giese.
John Marshall Allen (Nauful & Ellis, PA), for appellees Anders and Powell.
Before DONALD RUSSELL and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.
PER CURIAM:
A review of the record and the district court's opinion accepting the recommendation of the magistrate discloses that this appeal from its order refusing relief under 42 U.S.C. § 1983 and 28 U.S.C. § 2254 is without merit. However, we modify the district court's judgment to reflect that its dismissal for failure to exhaust is without prejudice. 28 U.S.C. § 2106. Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and affirm the district court's judgment as modified. Ragsdale v. Giese, C/A No. 87-139 (D.S.C. Jan. 28, 1988).
AFFIRMED AS MODIFIED.
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