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SHANDS v. PURKETT

No. 99-2377.

211 F.3d 1077 (2000)

Michael R. SHANDS, Jr., Appellant, v. James PURKETT, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 1, 2000.

Attorney(s) appearing for the Case

David L. Gallego, St. Louis, MO, argued, for Appellant.

Frank A. Jung, Jefferson City, MO, argued (Cassandra K. Dolgin, on the brief), for Appellee.

Before BOWMAN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

HANSEN, Circuit Judge.

Michael Shands appeals the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. We dismiss the appeal and remand with instructions to the district court to dismiss the § 2254 petition without prejudice in order to allow Shands the opportunity to exhaust his claim in a state habeas proceeding.

I.

On August 11, 1993, a jury...

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