Robert Ellis v. D. Berkebile, No. 10-7144 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7144 ROBERT K. ELLIS, Petitioner Appellant, v. D. BERKEBILE, Warden, Respondent - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Irene C. Berger, District Judge. (5:10-cv-00931) Submitted: December 21, 2010 Decided: January 4, 2011 Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Robert K. Ellis, Appellant Pro Se. Lara Dee Pyne Crane, BUREAU OF PRISONS, Beaver, West Virginia, Stephen Michael Horn, Assistant United States Attorney, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert district K. court s Ellis, order a federal dismissing prisoner, without appeals prejudice his the 28 U.S.C.A. § 2241 (West 2006 & Supp. 2010) petition for failure to exhaust administrative remedies and the court s order denying reconsideration. We reversible error. Accordingly, we affirm the district court s orders on the have reasoning reviewed set forth the record therein. and See find Ellis no v. Berkebile, No. 5:10-cv-00931 (S.D. W. Va. Aug. 6, 2010 & Oct. 1, 2010). We also deny Ellis pending motions for appointment of counsel, an emergency dental exam and treatment, transcripts at government expense, injunctive relief. facts and materials legal before a copy of his dental records, and for We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED 2

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