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REYNOLDS v. WAINWRIGHT

No. 30848 Summary Calendar.

460 F.2d 1026 (1972)

Benny REYNOLDS, Jr., Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 20, 1972.

Attorney(s) appearing for the Case

David M. Foster, Jacksonville, Fla. (Court-appointed), for petitioner-appellant.

Charles Corces, Jr., Asst. Atty. Gen., Earl Faircloth, Atty. Gen., Lakeland, Fla., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

Petitioner appeals from the District Court's refusal to grant § 2254 habeas corpus relief from his 1967 Florida conviction for assault with intent to commit rape. The District Court dismissed the petition for failure to exhaust available state remedies and we affirm.

No direct appeal or other action to obtain post-conviction review was under-taken until the indigent petitioner filed his pro se "Motion...

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