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NETHERY v. CULVER

No. 17317.

259 F.2d 41 (1958)

Horace Greely NETHERY, Appellant, v. Richard O. CULVER, Custodian, Florida State Prison, Appellee.

United States Court of Appeals Fifth Circuit.

September 18, 1958.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen. of Fla., Reeves Bowen, Asst. Atty. Gen. of Fla., for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.

PER CURIAM.

The appellant applied to the District Court for the Southern District of Florida for a writ of habeas corpus, asserting the invalidity of his conviction in the state court of Florida. The district court entered an order on April 7, 1958, denying the petition. Notice of appeal was filed on June 2, 1958. The notice of appeal was filed too late. 28 U.S.C.A. § 2107.

The district judge who entered the final order denying the petition also denied...

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