Buckingham v. Johnson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-40907 Conference Calendar __________________

DERRYL LEE BUCKINGHAM,

Petitioner-Appellant,

versus

GARY L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division,

Respondent-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:95-CV-560 - - - - - - - - - - April 17, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Derryl Lee Buckingham appeals the district court’s dismissal

without prejudice of his 28 U.S.C. § 2254 petition for failure to

exhaust state court remedies. Because Buckingham failed to

exhaust his state court remedies, the district court did not err

in dismissing Buckingham’s federal habeas petition. See Rose v.

Lundy, 455 U.S. 509, 522 (1982).

AFFIRMED.

Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.