John Smith Mcgee, Petitioner-appellant, v. State of Maryland, Edward J. Angeletti, Circuit Court Judge,respondents-appellees, 838 F.2d 1210 (4th Cir. 1988)

John Smith McGee, while on probation for the criminal assault of his wife, filed this pro se habeas corpus action seeking to have the state court conviction set aside. The habeas petition alleged violation of various constitutional rights, including denial of counsel and a fraudulently induced plea bargain. The district court dismissed the petition without prejudice due to McGee's failure to exhaust state remedies. We affirm.

Prior to bringing this habeas action, McGee failed to present any of his claims to the Maryland appellate courts for review. The state did not waive exhaustion of remedies, nor did McGee offer a sufficient excuse for nonexhaustion. Therefore, the district court properly dismissed McGee's petition. See 28 U.S.C. § 2254(b); Rose v. Lundy, 455 U.S. 509 (1982); Preiser v. Rodriquez, 411 U.S. 475 (1973).¹ 

In light of the disposition of this case in the district court and on appeal, we deny McGee's motions for appointment of counsel, see Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984), and for production of the transcripts of his state court trial.

We dispense with oral argument because the facts and legal arguments are adequately presented in the record and the decisional process would not be significantly aided by oral argument.

AFFIRMED.