Court of Appeals for the Eighth Circuit April 15, 1971, 20263_1 (Frank Howard v. Harold R. Swenson, Warden, Missouri State Penitentiary)

PER CURIAM.

Frank Howard appeals in forma pauperis from the district court’s denial without a hearing of his petition for a writ of habeas corpus for failure to exhaust his state remedies.

Howard is a state prisoner incarcerated in the Missouri State Penitentiary. He does not attack the legality of his conviction or confinement in this action.