Texte intégral
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 00-2476
___________
Cloyce Peters, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Larry Norris, Director, Arkansas *
Department of Correction, * [UNPUBLISHED]
*
Appellee. *
___________
Submitted: April 12, 2001
Filed: April 16, 2001
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Before BOWMAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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PER CURIAM.
Cloyce Peters appeals from the District Court&s dismissal of his 28 U.S.C.
§ 2254 petition for failure to exhaust state remedies. The District Court made its
decision without considering whether any non-futile state remedies remained for Peters.
That is contrary to the procedure established in Smittie v. Lockhart, 843 F.2d 295, 296
(8th Cir. 1988).
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Accordingly, we reverse and remand with instructions that the District Court
order the service of Peters's petition on the State and then proceed in accordance with
Smittie.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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