Marts v. Foti

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).

AFFIRMED.