Gregory A. Richardson v. GENE JOHNSON, Director, VDOC

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7432
GREGORY A. RICHARDSON,
Petitioner - Appellant,
versus
GENE JOHNSON, Director, VDOC,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-04-455-7)
Submitted: February 9, 2005 Decided: February 14, 2005
Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gregory A. Richardson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Gregory A. Richardson seeks to appeal from the district
court’s order dismissing his petition filed under 28 U.S.C. § 2254
(2000) without prejudice because he failed to exhaust state court
remedies. Because Richardson can exhaust his state court remedies
and re-file his petition, his appeal is interlocutory and not
subject to appellate review under Domino Sugar Corp. v. Sugar
Workers Local 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993).
Accordingly, we deny Richardson’s motion to proceed in forma
pauperis, deny a certificate of appealability, and dismiss the
appeal. 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

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