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JACKSON v. DORMIRE

No. 97-4161.

180 F.3d 919 (1999)

Edwin Lee JACKSON, Appellant, v. Dave DORMIRE, Superintendent; Jeremiah (Jay) Nixon, Attorney General of the State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1999.

Attorney(s) appearing for the Case

Kirk J. McCabe, Kansas City, Missouri, argued, for Appellant.

Stacy L. Anderson, Assistant Attorney General, Jefferson City, Missouri, argued (Jeremiah W. (Jay) Nixon, on the brief), for Appellee.

Before WOLLMAN, Chief Judge, RICHARD S. ARNOLD, and MURPHY, Circuit Judges.

PER CURIAM.

Edwin Lee Jackson appeals from the district court's dismissal of his 28 U.S.C. § 2254 petition without prejudice for failure to exhaust state remedies, and from the denial of his motion to reconsider. We remand with instructions to allow Jackson to amend his complaint to delete all claims for which he had not instituted state post-conviction proceedings by April 24, 1997.

A Missouri jury convicted Jackson of first degree murder. See Missouri...

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