Arthur Hairston v. Eric Wilson, No. 13-6267 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6267 ARTHUR L. HAIRSTON, Petitioner Appellant, v. ERIC WILSON, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:13-cv-00126-TSE-IDD) Submitted: June 20, 2013 Decided: July 9, 2013 Before MOTZ, WYNN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Arthur L. Hairston, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Arthur Lee Hairston, Sr., a federal prisoner, appeals the district court s order denying relief without prejudice on his 28 U.S.C. § 2241 (West 2006 & Supp. 2013) petition. Hairston also moves to file a supplemental exhibit, which we grant and consider. The exhaust his district court administrative found that remedies. Hairston We have failed reviewed to the record and find that, given the information before the district court, there was no reversible error.* Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. Hairston v. Wilson, No. 1:13-cv-00126-TSE-IDD (E.D. Va. filed Feb. 5 & entered Feb. 6, 2013). We dispense with oral argument because the facts and legal before contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED * On appeal, Hairston has presented further evidence regarding exhaustion. While expressing no opinion on whether Hairston has or has not exhausted his administrative remedies, we note that Hairston s petition was denied without prejudice and, thus, he is free to refile his petition in district court with his additional evidence. 2

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