Edward Charles Genter, II v. Louie L. Wainwright, Secretary Dept. Of Corrections

State prisoner, Edward Charles Genter, II appeals from the district court’s dismissal, without prejudice, of his petition under 28 U.S.C. § 2254 for a writ of habeas corpus. Genter’s petition presents one claim — /.e., a fatal variance between the indictment and proof with respect to the conspiracy charge — that was not brought before the state courts. The former Fifth Circuit has held that a federal district court must dismiss without prejudice a § 2254 petition presenting both unexhausted and exhausted claims. Galtieri v. Wainwright, 582 F.2d 348, 355 (5th Cir. 1978) (en banc). This rule…