IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40907
Conference Calendar
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DERRYL LEE BUCKINGHAM,
Petitioner-Appellant,
versus
GARY L. JOHNSON, Director, Texas
Department of Criminal Justice,
Institutional Division,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:95-CV-560
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April 17, 1996
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Derryl Lee Buckingham appeals the district court’s dismissal
without prejudice of his 28 U.S.C. § 2254 petition for failure to
exhaust state court remedies. Because Buckingham failed to
exhaust his state court remedies, the district court did not err
in dismissing Buckingham’s federal habeas petition. See Rose v.
Lundy, 455 U.S. 509, 522 (1982).
AFFIRMED.
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this opinion should not be published and is not precedent except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.