___________ 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 Mike Van Otterloo, Sheriff, * * [UNPUBLISHED] Appellee.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).

The Honorable Donald E. O'Brien, United States District Judge for the Northern District of Iowa. A true copy.

Attest:

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

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