Argeni Bataldo-Castillo v. Travis Bragg
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:15-cv-03717-RMG Copies to all parties and the district court/agency. . Mailed to: Gibbs, Castillo. [16-6726]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Petitioner - Appellant,
WARDEN TRAVIS M. BRAGG,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Richard M. Gergel, District
January 30, 2017
March 3, 2017
Before FLOYD and HARRIS, Circuit Judges, and HAMILTON, Senior
Affirmed as modified by unpublished per curiam opinion.
Argeni Bataldo-Castillo, Appellant Pro Se.
OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina,
Unpublished opinions are not binding precedent in this circuit.
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It is undisputed that Bataldo-Castillo did not
exhaust his administrative remedies before filing his petition.
Although the district court denied Bataldo-Castillo’s petition
with prejudice on the merits, we conclude that the dismissal
should have been without prejudice for failure to exhaust.
reflect that the dismissal is without prejudice.
§ 2106 (2012).
See 28 U.S.C.
We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
AFFIRMED AS MODIFIED
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