
    Gregory A. RICHARDSON, Petitioner-Appellant, v. Gene JOHNSON, Director, VDOC, Respondent-Appellee.
    No. 04-7432.
    United States Court of Appeals, Fourth Circuit.
    Submitted: Feb. 9, 2005.
    Decided: Feb. 14, 2005.
    Gregory A. Richardson, Appellant pro se.
    Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   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  