Andre D. Green, Petitioner--appellant, v. William L. Smith; Joseph J. Curran, Respondents--appellees, 50 F.3d 6 (4th Cir. 1995)

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U.S. Court of Appeals for the Fourth Circuit - 50 F.3d 6 (4th Cir. 1995)

Submitted: Feb. 21, 1995Decided: March 17, 1995

Andre D. Green, Appellant Pro Se.

Before WILKINS and WILLIAMS, Circuit Judges, and SPROUSE, Senior Circuit Judge.


Appellant appeals the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. Our review of the record and the district court's opinion discloses that Green's claim seeking credit for time spent in pretrial detention should have been dismissed without prejudice, allowing Green to first exhaust his state remedies. See Durkin v. Davis, 538 F.2d 1037 (4th Cir. 1976). The district court properly dismissed without prejudice the claim of wrongful good-time credit revocation. Green v. Smith, No. CA-94-2246-S (D. Md. Aug. 24, 1994). Accordingly, we grant a certificate of probable cause to appeal and modify the district court's order to dismiss both claims without prejudice. 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.