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MAUK v. LANIER

No. 06-12137.

484 F.3d 1352 (2007)

Lynn George MAUK, Petitioner-Appellant, v. James LANIER, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 23, 2007.

Attorney(s) appearing for the Case

James C. Bonner, Jr., Georgia Public Defender Standards Council, Atlanta, GA, Michael C. Garrett, Garrett & Gilliard, Augusta, GA, for Petitioner-Appellant.

Paula Khristian Smith, GA Dept. of Law, Atlanta, GA, for Respondent-Appellee.

Before HULL and MARCUS, Circuit Judges, and BARZILAY, Judge.

HULL, Circuit Judge:

Lynn George Mauk, a Georgia prisoner, appeals the dismissal of his 28 U.S.C. § 2254 petition for writ of habeas corpus. After review and oral argument, we affirm the district court's dismissal of the § 2254 petition for failure to exhaust. We remand, however, to permit the district court to enter a corrected order dismissing Mauk's § 2254 petition without prejudice.

I. BACKGROUND

A. State Court Proceedings<...

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