Melvin L. Tyler v. Donald Wyrick

Melvin L. Tyler appeals pro se from the district court’s 1 dismissal of his pro se amended petition for writ of habeas corpus brought under 28 U.S.C. § 2254. The district court found that appellant had failed to exhaust available state remedies concerning his challenge to the method of selection of bystander jurors and therefore dismissed the entire petition pursuant to Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). In Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982) the Supreme Court held that a federal court must dismiss a state habeas petition that…