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MANNINGS v. STATE OF FLORIDA

No. 72-1689 Summary Calendar.

465 F.2d 423 (1972)

Oather James MANNINGS, Petitioner-Appellant, v. STATE OF FLORIDA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 2, 1972.

Attorney(s) appearing for the Case

Oather James Mannings, pro se.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., William W. Herring, West Palm Beach, Fla., for respondent-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

Oather James Mannings appeals from the judgment of the district court dismissing his petition for a writ of habeas corpus in connection with his 1970 conviction of robbery in the Florida state courts. The district court sua sponte noted that Mannings had failed to utilize the provisions of Florida Criminal Procedure Rule 1.850, 33 F.S.A., to secure post conviction relief and dismissed the petition for failure to exhaust available state remedies...

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