COPELAND v. BEARD

No. 71-1702 Summary Calendar.

446 F.2d 1393 (1971)

Sylvester COPELAND, a/k/a Danny King, Petitioner-Appellant, v. Sheriff Malcomb BEARD and Louie L. Wainwright, Director, Division of Corrections, State of Florida, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

August 23, 1971.


Attorney(s) appearing for the Case

Sylvester Copeland, pro se.

Earl Faircloth, Atty. Gen. of Fla., Charles Corces, Jr., Asst. Atty. Gen., Tallahassee, Fla., P. A. Pacyna, Asst. Atty. Gen., Lakeland, Fla., Robert L. Shevin, Atty. Gen., for respondents-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


PER CURIAM:

Sylvester Copeland, a Florida state prisoner, appeals from the district court's denial of his petition styled a civil rights complaint. The district court held that it was actually a petition for habeas corpus, and denied relief on grounds of failure to exhaust available state remedies as required by 28 U.S.C. § 2254. We affirm.

A reading of the petition shows beyond doubt that the ruling of the district court is correct. In the petition,...

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