(caption unavailable)

* Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular cases
on the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 94-50117
Summary Calendar
KIRK WAYNE MCBRIDE,
Petitioner-Appellant,
VERSUS
WAYNE SCOTT, DIRECTOR OF TDC, ET AL.,
Respondents-Appellees.
Appeal from the United States District Court
for the Western District of Texas
(SA 93 CV 58)
( March 16, 1995 )
Before JONES, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appellant, Kirk Wayne McBride ("McBride"), is currently
incarcerated pending retrial in a Texas state district court
pursuant to the decision of a Texas appellate court which reversed
his convictions from a previous trial because of the erroneous
admission of certain evidence. In this proceeding McBride appeals

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1The appellant's attack on the trial court's denial of his
motion to stay the state court proceedings lacks merit because it
does not show that he will suffer irreparable injury. Younger v.
Harris, 401 U.S. 37, 46; moreover, such attack becomes moot given
our resolution of this appeal.
the order of the federal district court which dismissed without
prejudice his pretrial petition for a writ of habeas corpus. We
affirm the order of dismissal because our review of the record
reveals that petitioner's two insufficiency of the evidence claims
have not been presented to the Texas court of criminal appeals.
See Richardson v. Procunier, 762 F.2d 429, 432 (5th Cir. 1985).
Containing two unexhausted claims, the district court properly
dismissed the entire petition for failure to exhaust state
remedies. Rose v. Lundy, 455 U.S. 509, 522 (1982)1
AFFIRMED.

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