IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-60123
Conference Calendar
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JAMES G. MARTIN,
Petitioner-Appellant,
versus
EDWARD HARGETT, Superintendent,
Mississippi State Penitentiary and
MICHAEL C. MOORE, Attorney General,
State of Mississippi,
Respondents-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:95CV12D-D
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August 23, 1995
Before KING, JOLLY, and WIENER, Circuit Judges.
PER CURIAM:*
James G. Martin, a Mississippi state prisoner, appeals the
dismissal of his 28 U.S.C. § 2254 petition, without prejudice,
for failure to exhaust state remedies. A fundamental
prerequisite to federal habeas corpus relief is the exhaustion of
all claims in state court prior to requesting federal collateral
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
No. 95-60123
-2-
relief. Picard v. Connor, 404 U.S. 270, 275 (1971). The
district court may raise the exhaustion requirement sua sponte.
McGee v. Estelle, 722 F.2d 1206, 1208 (5th Cir. 1984) (en banc).
The exhaustion requirement demands that an applicant "fairly
apprise the highest court of his state of the federal rights
which were allegedly violated" and to do so "in a procedurally
correct manner." Deters v. Collins, 985 F.2d 789, 795 (5th Cir.
1993). A federal habeas petition should be dismissed if state
remedies have not been exhausted as to all of the federal claims.
Rose v. Lundy, 455 U.S. 509, 519 (1982).
Martin does not dispute that motions for new trial are still
pending in the Circuit Court of Alcorn, Mississippi, and that he
did not file a state court appeal of his conviction or a petition
for state post-conviction relief. Because Martin's § 2254 claims
have not been raised in any Mississippi state court, the district
court did not err in dismissing Martin's petition for failure to
exhaust state court remedies. Martin's request for the
appointment of counsel is DENIED.
AFFIRMED.