UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

JERRY HOBSON KING,

Petitioner - Appellant,

vs.

RON WARD; ATTORNEY GENERAL OF THE STATE OF OKLAHOMA,

Respondents - Appellees.

No. 98-7163

(	D.C. No. CV-96-682-S)

(E.D. Okla.)

ORDER AND JUDGMENT*

Before ANDERSON, KELLY, and BRISCOE, Circuit Judges.**

Petitioner-Appellant Jerry Hobson King, an inmate appearing pro se, seeks to appeal the district court's dismissal of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The district court, adopting the magistrate judge's Report and Recommendation, dismissed Mr. King's petition because he was not "in custody" for purposes of reviewing his conviction and because, in the alternative, he has failed to exhaust state court remedies are required by 28 U.S.C. § 2254(b)(1)(A). Mr. King appeals and requests a certificate of appealability. We deny Mr. King's request for a COA and dismiss the appeal.	We do not need to reach the question of whether Mr. King is "in custody." Under 28 U.S.C. § 2254(b)(1)(A), a habeas corpus petitioner generally must exhaust state court remedies prior to filing such a petition with the federal court. A state prisoner bringing a federal habeas corpus action bears the burden of showing that he has exhausted all available state remedies. See Miranda v. Cooper, 967 F.2d 392, 398 (10th Cir. 1992). The state will not waive exhaustion, nor has Mr. King demonstrated it. Therefore, we DENY Mr. King's request for a certificate of appealability and DISMISS his appeal.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge