Mackey v. Cain

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 96-30886 Summary Calendar __________________

BENJAMIN MACKEY,

Petitioner-Appellant,

versus

BURL CAIN, Warden, Louisiana State Penitentiary; RICHARD P. IEYOUB, Attorney General, State of Louisiana,

Respondents-Appellees.

______________________________________________

Appeal from the United States District Court for the Eastern District of Louisiana (96-CV-694-E) ______________________________________________ April 7, 1997

Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Benjamin Mackey, Louisiana inmate #126019, appeals the

dismissal, without prejudice, of his habeas petition for failure to

exhaust state remedies. We have carefully reviewed the arguments

and the appellate record. For essentially the same reasons upon

which the district court relied by adopting the magistrate judge's

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. report, see Mackey v. Cain, No. 96-694 (E.D. La. Aug. 13, 1996), we

conclude that the district court did not clearly err in its finding

that Mackey did not present his federal habeas claim to the state

supreme court and therefore, the district court did not err in

basing dismissal on Mackey's failure to exhaust.

AFFIRMED.