Carrigan v. Day

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-30937 Summary Calendar __________________

Charles Carrigan,

Petitioner-Appellant,

versus

Edgar C. Day, Warden, Washington Correctional Institution; Richard P. Ieyoub, Attorney General, State of Louisiana,

Respondents-Appellees.

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Appeal from the United States District Court for the Eastern District of Louisiana USDC No. CA95-1213-E ______________________________________________ April 17, 1996

Before KING, SMITH, and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:*

Charles Carrigan appeals from the district court's dismissal

without prejudice of his 28 U.S.C. § 2254 petition for a writ of

habeas corpus, for failure to exhaust state remedies. A review of

the record supports the district court's finding that, as to most

of the claims Carrigan now raises, he has failed to seek relief

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. from the Louisiana Supreme Court. See Carrigan v. Day, No. CA95-

1213-E (E.D. La. Aug. 2, 1995). Carrigan's assertion that

exhaustion would be an "exercise in futility" is not supported by

the record. The district court correctly dismissed Carrigan's §

2254 action for failure to exhaust his state remedies.

AFFIRMED.