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WAYNE v. WHITE

No. 83-2488.

735 F.2d 324 (1984)

Larry WAYNE, Appellant, v. Carl WHITE, Superintendent, and Attorney General of the State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 31, 1984.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., George Cox, Asst. Atty. Gen., Jefferson City, Mo., for appellees.

Shepherd, Sandberg & Phoenix, P.C., Richard L. Prebil, St. Louis, Mo., for appellant.

Before ROSS, BENNETT, and ARNOLD, Circuit Judges.

PER CURIAM.

This is a petition for habeas corpus brought by Larry Wayne, a state prisoner. The District Court1 dismissed the petition without prejudice for failure to exhaust state remedies. We affirm the dismissal, though on different grounds.

As to exhaustion, the question is whether there is any presently available remedy in the courts of Missouri. If there is such a remedy, it is a petition under Mo.Sup.Ct.R. 27.26, a state...

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