Harold O. Postma v. Mike Van Otterloo

___________ No. 96-2020 ___________ Harold O. Postma, * * Appellant, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. Mike Van Otterloo, Sheriff, * * [UNPUBLISHED] Appellee. *

___________ Submitted: May 10, 1996 Filed: May 16, 1996 ___________ Before BEAM, LOKEN, and MURPHY, Circuit Judges. ___________ PER CURIAM.

Harold Postma, an Iowa inmate, appeals the district court's1 order dismissing without prejudice his 28 U.S.C. § 2254 petition, for failing to exhaust state remedies. We agree that Postma has currently available, non- futile remedies in state court, and accordingly, the district court's dismissal was correct. See Iowa Code Ann. §§ 822.2, 822.3 (West 1994); Smittie v. Lockhart, 843 F.2d 295, 296 (8th Cir. 1988). We deny Postma's motion for release. See Fed. R. App. P. 23(b); Martin v. Solem, 801 F.2d 324, 329 (8th Cir. 1986).

Affirmed. See 8th Cir. R. 47A(a).

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.