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MYERS v. COLLINS

No. 90-2114 Summary Calendar.

919 F.2d 1074 (1990)

Ivey V. MYERS, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 28, 1990.

Attorney(s) appearing for the Case

Ivey V. Myers, Huntsville, Tex., pro se.

David Fannin, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before JOLLY, HIGGINBOTHAM, and EDITH H. JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This case requires us to address a subtle issue concerning the exhaustion of state remedies in federal habeas corpus procedure. The doctrinal requirement of exhaustion alleviates the strain on federal-state comity inherent in the federal habeas corpus remedy by assuring that a prisoner must first present his claims to a state's highest court before turning to the federal courts for relief....

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