Rogelio Arce v. Warden

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:09-cv-02248-CMC Copies to all parties and the district court/agency. [998527851] [10-7096]

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Case: 10-7096 Document: 12 Date Filed: 02/18/2011 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7096 ROGELIO ARCE, Petitioner - Appellant, v. WARDEN, FCI-Williamsburg, Respondent – Appellee, and ARMANDO MIRELES, DHO & ERT Commander; MICHAEL DOPORTO, SIS, Respondents. Appeal from the United States District Court for the District of South Carolina, at Florence. Cameron McGowan Currie, District Judge. (4:09-cv-02248-CMC) Submitted: February 10, 2011 Decided: February 18, 2011 Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Rogelio Arce, Appellant Pro Se. Barbara Murcier Bowens, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Case: 10-7096 Document: 12 Date Filed: 02/18/2011 Page: 2 Unpublished opinions are not binding precedent in this circuit. 2 Case: 10-7096 Document: 12 Date Filed: 02/18/2011 Page: 3 PER CURIAM: Rogelio Arce, a federal prisoner, appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing without prejudice Arce’s 28 U.S.C.A. § 2241 (West 2006 & Supp. 2010) administrative remedies. no reversible error. petition (D.S.C. July failure to exhaust We have reviewed the record and find Accordingly, we affirm for the reasons stated by the district court. 02248-CMC for 30, See Arce v. Warden, No. 4:09-cv2010). 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. AFFIRMED 3

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