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McKINNEY v. JONES

No. 72-1214 Summary Calendar.

463 F.2d 776 (1972)

Paul A. McKINNEY, Petitioner-Appellant, v. Clarence JONES, Sheriff, Dallas County, Texas, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 27, 1972.

Attorney(s) appearing for the Case

Paul A. McKinney, pro se.

John B. Tolle, Asst. Dist. Atty., Henry Wade, Crim. Dist. Atty., Dallas, Tex., for respondent-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

Appellant, a Texas state prisoner, appeals from the denial by the District Court of his habeas corpus petition challenging the validity of his conviction for statutory rape. The record clearly shows that appellant has failed to exhaust his available state remedies, 28 U.S.C. § 2254. The judgment of the District Court is, therefore,

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