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NELSON v. SOLEM

No. 82-2452.

714 F.2d 57 (1983)

Lyle E. NELSON, Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary and Mark V. Meierhenry, Attorney General, State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 15, 1983.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Atty. Gen., Grant Gormley, Asst. Atty. Gen., Pierre, S.D., for appellees.

James D. Leach, Rapid City, S.D., for appellant.

Before LAY, Chief Judge, and BRIGHT and ARNOLD, Circuit Judges.

PER CURIAM.

Lyle E. Nelson appeals from the district court's1 dismissal of his petition for writ of habeas corpus under 28 U.S.C. § 2254. The district court determined that Nelson had failed to exhaust the available state remedies for one of his two claims, and accordingly, dismissed the entire petition as required by Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). We affirm...

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