Willis L. Rodgers, Jr. v. Donald Wyrick, Warden, Missouri State Penitentiary

STEPHENSON, Circuit Judge.

Missouri state prisoner Willis L. Rodgers, Jr. appeals from the denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Rodgers attacked the validity of two 1971 state convictions, the sentences for which he had already served, on the basis that they were used to enhance the sentence on a subsequent state conviction in 1973, the sentence he is now serving. The district court, without an evidentiary hearing, dismissed the petition for failure to exhaust state remedies. 1 See 28 U.S.C. § 2254(b), (c). We affirm the judgment of the. district…