GIVENS v. GREEN

No. 91-8453.

12 F.3d 1041 (1994)

Larry GIVENS, EF153536, Plaintiff-Appellant, v. Calvin GREEN, Warden, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 31, 1994.


Attorney(s) appearing for the Case

Wiley A. Wasden, III, Savannah, GA, for plaintiff-appellant.

Leonora Grant, Asst. Atty. Gen., Susan V. Boleyn, Atlanta, GA, for defendant-appellee.

Before KRAVITCH and COX, Circuit Judges, and HENDERSON, Senior Circuit Judge.


PER CURIAM:

The district court dismissed Larry Givens's 28 U.S.C. § 2254 petition without prejudice because it included unexhausted claims. Givens appeals, challenging that dismissal. We affirm.

I. BACKGROUND

Givens was convicted in Georgia of felony murder and criminal attempt to commit armed robbery. On direct appeal, his counsel filed an Anders brief and the appeal was dismissed as frivolous. Givens v. State,

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