Opinion
No. 74-4238. Summary Calendar.
Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co., of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.
April 30, 1975.
William G. Brinks, pro se.
Arthur K. Bolton, Atty. Gen., John B. Ballard, Jr., Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.
Appeal from the United States District Court for the Northern District of Georgia; William C. O'Kelley, Judge.
Before GEWIN, GOLDBERG and DYER, Circuit Judges.
Petitioner raises a number of points in this 28 U.S.C. § 2254 action. Unfortunately, as the district court noted, petitioner has failed to exhaust his state remedies with respect to two of these purported errors, the question of whether the state trial court properly allowed the indictment to go to the jury room without proper instructions, and the question of whether the trial judge's failure to sequester the jury violated petitioner's right to due process. Since that is the case, we remand this case to the district court with instructions that it dismiss the petition without prejudice in order to enable petitioner to seek relief the Georgia courts. See Harris v. Estelle, 5 Cir. 1974, 487 F.2d 1293; Hargrett v. Wainwright, 5 Cir. 1973, 474 F.2d 987.
Vacated and remanded.