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83 F. App'x 648

Edge v. Stalder

U.S. Courts of Appeals

Decided December 16, 2003

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U.S. Courts of Appeals · decided 2003-12-16

Cited by 4 later decisions — most recently June 2018

3 federal appellate · 1 state decisions

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Robinson v. Wade · Emery v. Johnson · Johnny Dickerson v. State of Louisiana

Good law ✅— No negative treatment on recordhow we know

Decided 2003-12-16

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PER CURIAM: *

¶1 Michael Edge appeals the district court’s dismissal of his 28 U.S.C. § 2241 habeas corpus petition. Edge challenges the constitutionality of the Louisiana statutory schemes for release on parole and for awarding time credits to prisoners. Although not addressed by Edge, a threshold issue in this appeal is whether his failure to exhaust his state remedies would preclude his receiving federal habeas relief on this issue. A state prisoner may not receive habeas corpus relief if he has not first presented his claims to the state courts. See Robinson v. Wade, 686 F.2d 298, 303 n. 8 (5th Cir.1982); see also Dickerson v. Louisiana, 816 F.2d 220, 224 (5th Cir.1987).

¶2 This court may affirm the district court’s judgment on any grounds supported by the record. See Emery v. Johnson, 139 F.3d 191, 195 (5th Cir.1997). The record supports a conclusion that Edge failed to exhaust his state remedies with respect to the claims that he now presents to this court. Accordingly, we AFFIRM the district court’s denial of habeas relief on the alternate basis of lack of exhaustion.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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