IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-31282 Summary Calendar

SIDNEY MARTS, Petitioner-Appellant,

versus CHARLES C. FOTI, JR., Sheriff, Orleans Parish Criminal Sheriff’s Office; HARRY F. CONNICK, District Attorney, Orleans Parish; RICHARD P. IEYOUB, Attorney General, State of Louisiana, Respondents-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 95-CV-2588-D - - - - - - - - - - April 15, 1996 Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:1 Sidney Marts, a pretrial detainee in Orleans Parish Prison, appeals the district court’s dismissal without prejudice of his 28 U.S.C. § 2241 petition for federal habeas relief. Before Marts can seek relief for his present claims under § 2241, he must first exhaust his state remedies, which he has not yet done. See § 2241(c)(3); Dickerson v. Louisiana, 816 F.2d 220, 225 (5th Cir.), cert. denied, 484 U.S. 956 (1987).

Pursuant to Local Rule 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

AFFIRMED.