David S. Johnson v. JON GALLEY, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6180
DAVID S. JOHNSON,
Petitioner - Appellant,
versus
JON GALLEY, Warden; ATTORNEY GENERAL FOR THE
STATE OF MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, District Judge.
(CA-01-2696-WMN)
Submitted: April 18, 2002 Decided: April 30, 2002
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David S. Johnson, Appellant Pro Se. Mary Ann Rapp Ince, OFFICE OF
THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
David S. Johnson seeks to appeal from the district court’s
order dismissing his petition filed under 28 U.S.C.A. § 2254 (West
1994 & Supp. 2001) without prejudice because he failed to exhaust
state court remedies. Because Johnson 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 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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