Robert Rudolph Pruitt, Plaintiff-appellant, v. Raymond Petraska; Alan Friday; Mary Darlene Charlesstarnes; Calvin Hamrick, Defendants-appellees, 900 F.2d 254 (4th Cir. 1990)

Robert Rudolph Pruitt appeals from the district court's order denying relief under 42 U.S.C. § 1983. The district court offered alternative grounds for dismissal. We agree that Pruitt must exhaust state remedies before his claims can be considered under Sec. 1983, because his claims call into question the validity of his conviction. See Leonard v. Hammond, 804 F.2d 838 (4th Cir. 1986); Hamlin v. Warren, 664 F.2d 29 (4th Cir. 1981), cert. denied, 455 U.S. 911 (1982). To avoid the possible expiration of the statute of limitations, however, we remand in order that the district court may stay the proceedings pending Pruitt's exhaustion of his state remedies. See Hamlin v. Warren, supra. 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.

VACATED AND REMANDED