Damion Montez MOSLEY, Petitioner-Appellant, v. RUSTBURG CORRECTIONAL UNIT # 9, Respondent-Appellee, 23 F. App'x 171

PER CURIAM. Damion Montez Mosley appeals the district court’s order dismissing without prejudice his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2001) for failure to exhaust state remedies. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Mosley v. Rustburg Corr. Unit # 9, No. CA-01-657-7 (W.D.Va. Aug. 30, 2001). 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. DISMISSED.