Unpublished Dispositionalan Jones, Petitioner-appellant, v. Gene Borgert, Respondent-appellee, 840 F.2d 17 (6th Cir. 1988)

Before DAVID A. NELSON and ALAN E. NORRIS, Circuit Judges, and S. ARTHUR SPIEGEL, District Judge.^* 

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not necessary. Fed. R. App. P. 34(a).

Petitioner, a Michigan state prisoner, appeals the district court's judgment dismissing his 28 U.S.C. § 2254 habeas corpus petition.

Petitioner was convicted by a jury of assault with intent to commit robbery, assault with intent to do great bodily harm, and felony firearm. Petitioner raised the following claims in his habeas petition: (1) prosecutorial misconduct; (2) erroneous jury instructions; and (3) ineffective assistance of counsel. Upon review, we conclude the district court properly dismissed the petition for failure to exhaust available state remedies.

Accordingly, the district court's judgment is hereby affirmed pursuant to Rule 9(b) (5), Rules of the Sixth Circuit, for the reasons set forth in the district court's opinions dated February 13, 1987 and March 31, 1987.