IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-30596
Conference Calendar
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LARRY DONNELL NICHOLS,
Petitioner-Appellant,
versus
RANDY PINION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. CA-95-1232-E
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(October 18, 1995)
Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
PER CURIAM:*
Larry Donnell Nichols has appealed from the district court's
dismissal without prejudice of his habeas corpus petition for
failure to exhaust his state remedies. Because his appeal is
frivolous, it is DISMISSED. See 5th Cir. R. 42.2.
Nichols asserts that the law does not require him to exhaust
his state remedies because he was arrested and has been continued
in custody in violation of his constitutional rights. He cites
*
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that this opinion should not be published.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. 95-30596
-2-
28 U.S.C. § 2254(a), (c), and (d), but not § 2254(b), which
provides that a state prisoner must exhaust his available state
remedies before he can obtain federal habeas relief.
"[A] state prisoner must normally exhaust available state
judicial remedies before a federal court will entertain his
petition for habeas corpus." Picard v. Connor, 404 U.S. 270, 275
(1971). Louisiana law authorizes applications for postconviction
relief by prisoners, such as Nichols, who no longer can take a
direct appeal relative to their convictions or sentences. La.
Code Crim. Proc. Ann. arts. 924, 924.1 (West 1984). Nichols has
not attempted to utilize this remedy relative to any of his
federal habeas claims, and he has not stated any valid reason for
not having done so. We caution Nichols that any additional
frivolous appeals filed by him or on his behalf will invite the
imposition of sanctions. To avoid sanctions, Nichols is further
cautioned to review all pending appeals to ensure that they do
not raise arguments that are frivolous because they have been
previously decided by this court.
APPEAL DISMISSED; Nichols's applications for leave to
proceed in forma pauperis, appointment of counsel, the state
trial record, and personal recognizance release are DENIED.