Jerald Lee Breeze v. Myrna Trickey and Attorney General of Indiana

ARNOLD, Circuit Judge.

Jerald L. Breeze was a Missouri inmate when he brought this proceeding. He appeals the District Court’s 1 dismissal under Fed.R.Civ.P. 12(b)(6) of his petition for a writ of habeas corpus. The District Court, upon the recommendation of the Magistrate, 2 held that Breeze had not exhausted his state remedies before filing his federal petition. We affirm, noting that the dismissal is without prejudice to the appellant’s refiling once state procedures have been exhausted.

On June 19, 1984, while the appellant was serving a Missouri sentence for a narcotics violation, he was…