Sterling Dickens v. Bill Armontrout

McMILLIAN, Circuit Judge.

Sterling Dickens appeals from a judgment of the United States District Court for the Eastern District of Missouri dismissing without prejudice his petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1988) for failure to exhaust state remedies. Dickens v. Armontrout, No. 89-2108C(6) (E.D.Mo. Oct. 3, 1990) {Dickens ) (order). For reversal, Dickens argues that he has exhausted his remedies under Missouri law. For the reasons stated below, we reverse and remand this case to the district court for further proceedings consistent with this opinion.

I

In 1982, Dickens…