Alt v. West Virginia

U.S. Courts of Appeals

Decided January 4, 2001

U.S. Courts of Appeals · decided 2001-01-04

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Decided 2001-01-04

PER CURIAM.

¶1 Dari D. Alt appeals the district court’s order dismissing without prejudice his 42 U.S.C.A. § 1983 (West Supp.2000) complaint. Alt also seeks to appeal the district court’s order dismissing without prejudice his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2000) for failure to exhaust state remedies. We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Alt v. West Virginia, No. CA-00-592 (S.D.W.Va. Aug. 8, 2000).

¶2 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.

¶3 AFFIRMED.