Robert H. Campbell v. James Aiken, Attorney General of The State of South Carolina, Respondents, 833 F.2d 1004, 4th Cir. (1987)
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Scribd Government DocsRobert H. Campbell v. James Aiken, Attorney General of The State of South Carolina, Respondents, 833 F.2d 1004, 4th Cir. (1987)
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Scribd Government Docs833 F.
2d 1004
Unpublished Disposition
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of
unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Robert H. CAMPBELL, Petitioner-Appellant,
v.
James AIKEN, Attorney General of the State of South
Carolina, Respondents- Appellees.
No. 87-7249.
United States Court of Appeals, Fourth Circuit.
Submitted: Sept. 30, 1987.
Decided: Nov. 13, 1987.
Robert H. Campbell, appellant pro se.
Sally M. Rentiers, Assistant Solicitor, for appellees.
Before MURNAGHAN and WILKINSON, Circuit Judges, and
BUTZNER, Senior Circuit Judge.
PER CURIAM:
Robert Campbell, a South Carolina inmate, seeks to appeal from the district
court's order dismissing his pro se application for habeas corpus relief. The
district court determined that Campbell had not exhausted his state court
remedies and dismissed the petition on that basis. The district court order does
not reflect that the dismissal was without prejudice.
We agree with the district court that Campbell has not exhausted his state court
remedies. However, the dismissal should be without prejudice. Therefore,
pursuant to 28 U.S.C. Sec. 2106 we modify the district court's order to reflect
that the dismissal is without prejudice and affirm the judgment as modified. A
certificate of probable cause to appeal is granted. We dispense with oral
argument because the dispositive issues recently have been decided
authoritatively.
3
AFFIRMED AS MODIFIED.
