GARLOTTE v. FORDICE

No. 92-7396 Summary Calendar.

29 F.3d 216 (1994)

Harvey F. GARLOTTE, Petitioner-Appellant, v. Kirk FORDICE, Governor, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 19, 1994.


Attorney(s) appearing for the Case

Harvey F. Garlotte, pro se.

Jo Anne M. McLeod, Sp. Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, MS, for appellee.

Before SMITH, EMILIO M. GARZA and PARKER, Circuit Judges.


PER CURIAM:

Petitioner Harvey F. Garlotte ("Garlotte") brings a habeas corpus action pursuant to 28 U.S.C. § 2254, challenging a 1985 state conviction for possession of marijuana. The district court, adopting the magistrate judge's Report and Recommendation, dismissed the petition for failure to exhaust state remedies without requiring the respondent to file an answer. We granted Garlotte's request for a Certificate of Probable Cause, ordering Respondent...

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