Unpublished Dispositionwillie Boone, Petitioner-appellant, v. Terry D. Yaylor, Respondent-appellee, 762 F.2d 1005 (6th Cir. 1985)

Petitioner appeals pro se from the July 23, 1984 district court order dismissing his habeas corpus petition filed under 28 U.S.C. § 2254. The certified record has been received by this Court and petitioner's notice of appeal is construed as an application for a certificate of probable cause. Petitioner asserted three grounds for relief in his petition for a writ of habeas corpus. Only one of those grounds, ineffective assistance of counsel, has been exhausted through the state courts. Petitioner, therefore, has submitted a 'mixed petition' which was properly dismissed. See Rose v. Lundy, 455 U.S. 509 (1982); Koontz v. Glossa, 731 F.2d 365 (6th Cir. 1984).

Petitioner has failed to exhaust state court remedies on his two remaining claims. It is ORDERED that petitioner's application for a certificate of probable cause is denied.