WARREN v. WAINWRIGHT

No. 71-3450 Summary Calendar.

460 F.2d 1249 (1972)

Robert Johnson WARREN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Correction, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 8, 1972.


Attorney(s) appearing for the Case

Robert Johnson Warren, pro se.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Andrew I. Friedrich, West Palm Beach, Fla., for respondent-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.


PER CURIAM:

This is an appeal from the district court's denial of habeas corpus relief to Robert Johnson Warren, a prisoner of the State of Florida. We vacate the order appealed and remand the case for further proceedings.

The district court denied Warren's petition without an evidentiary hearing and without requiring a response, on grounds that he had filed two previous habeas corpus petitions there. The court below held that the appellant would not be permitted...

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