Notice: Eighth Circuit Rule 28a(k) Governs Citation of Unpublished Opinions and Provides That No Party May Cite an Opinion Not Intended for Publication Unless the Cases Are Related by Identity Between the Parties or the Causes of Action.larry Gene Race, Appellant, v. Stillwater Department of Correction, Appellee, 46 F.3d 1136 (8th Cir. 1995)

Larry G. Race appeals the district court's¹  denial of his 28 U.S.C. § 2254 petition. We agree with the district court that Race has not raised an independent constitutional violation and, absent one, his claim of actual innocence based on newly discovered evidence cannot form the basis for habeas relief. See Herrera v. Collins, 113 S. Ct. 853, 860 (1993); see also Schlup v. Delo, 63 U.S.L.W. 4089 (U.S. Jan. 23, 1995). Therefore, we affirm without further discussion. See 8th Cir. R. 47B.