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MELLOTT v. PURKETT

No. 94-4129.

63 F.3d 781 (1995)

Eldon MELLOTT, Petitioner-Appellant, v. James D. PURKETT, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 24, 1995.

Attorney(s) appearing for the Case

D. Warren Hoff, Jr., St. Louis, MO, argued, for appellant.

John W. Simon, Asst. Atty. Gen., argued, for appellee.

Before WOLLMAN and HANSEN, Circuit Judges, and MAGNUSON, District Judge.

HANSEN, Circuit Judge.

Eldon Mellott appeals the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court1 dismissed his petition without prejudice, finding that Mellott had not exhausted his state law remedies. We affirm.

Background

In 1986, a Missouri state court jury found Eldon Mellott guilty of sexual abuse in the first degree and sodomy. The state trial judge sentenced Mellott to...

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