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WHITNEY v. WAINWRIGHT

No. 21193.

332 F.2d 787 (1964)

Dennis Manaford WHITNEY, Appellant, v. Louie L. WAINWRIGHT, Director of Division of Corrections, State of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

January 17, 1964.

Attorney(s) appearing for the Case

Dennis Manaford Whitney, Raiford, Fla., for appellant.

Richard Ervin, Atty. Gen. St. of Fla., Tallahassee, Fla., for appellee.

Before BROWN and WISDOM, Circuit Judges, and JOHNSON, District Judge.

PER CURIAM.

The District Court denied the Petition for Writ of Habeas Corpus and also declined to issue a Certificate of Probable Cause, 28 U.S.C.A. § 2253. The District Court's findings and conclusions in the Order denying the Petition for Habeas Corpus reflect that the Petition was considered solely on the basis of the report filed by the Commissioner theretofore appointed by the Supreme Court of Florida. Whitney v. Cochran, Sup.Ct. of Fla., 1963,

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