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NETTLES v. WAINWRIGHT

No. 80-5596.

677 F.2d 404 (1982)

Ennis NETTLES, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B.

May 17, 1982.

Attorney(s) appearing for the Case

James D. Whittemore, Tampa, Fla., for petitioner-appellant.

Michael J. Kotler, Peggy A. Quince, Asst. Attys. Gen., Tampa, Fla., for respondent-appellee.

Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., HENDERSON, HATCHETT, ANDERSON and THOMAS A. CLARK, Circuit Judges.

HATCHETT, Circuit Judge:

A panel of this court affirmed the denial of appellant's (Nettles) petition for writ of habeas corpus and held that a state prisoner's failure to object to a magistrate's report and recommendation, filed pursuant to 28 U.S.C. § 636(b)(1)(C), served as a waiver of the right to appeal from the district court's judgment based on the report and recommendation. Nettles v. Wainwright, 656 F.2d 986 (5th...

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