[UNPUBLISHED]

Cloyce Peters appeals from the District Court’s dismissal of his 28 U.S.C. § 2254 *668 petition for failure to exhaust state remedies. The District Court made its decision without considering whether any non-futile state remedies remained for Peters. That is contrary to the procedure established in Smittie v. Lockhart, 843 F.2d 295, 296 (8th Cir. 1988).

Accordingly, we reverse and remand with instructions that the District Court order the service of Peters’s petition on the State and then proceed in accordance with Smittie.

A true copy.