UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-30886
Summary Calendar
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BENJAMIN MACKEY,
Petitioner-Appellant,
versus
BURL CAIN, Warden, Louisiana State Penitentiary;
RICHARD P. IEYOUB, Attorney General, State of Louisiana,
Respondents-Appellees.
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Appeal from the United States District Court for the
Eastern District of Louisiana
(96-CV-694-E)
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April 7, 1997
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Benjamin Mackey, Louisiana inmate #126019, appeals the
dismissal, without prejudice, of his habeas petition for failure to
exhaust state remedies. We have carefully reviewed the arguments
and the appellate record. For essentially the same reasons upon
which the district court relied by adopting the magistrate judge's
*
Pursuant to Local Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in Local Rule 47.5.4.
report, see Mackey v. Cain, No. 96-694 (E.D. La. Aug. 13, 1996), we
conclude that the district court did not clearly err in its finding
that Mackey did not present his federal habeas claim to the state
supreme court and therefore, the district court did not err in
basing dismissal on Mackey's failure to exhaust.
AFFIRMED.
2