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GUNSBY v. WAINWRIGHT

No. 75-640 Civ. T-K.

449 F.Supp. 1041 (1978)

Earl GUNSBY, Petitioner, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, State of Florida, Respondent.

United States District Court, M. D. Florida, Tampa Division.

April 14, 1978.

Attorney(s) appearing for the Case

Earl Gunsby, pro se.

J. Richard Rahter, St. Petersburg, Fla., for petitioner.

Mary Jo Gallay, Asst. Atty. Gen., State of Florida, Tampa, Fla., for respondent.

MEMORANDUM OF DECISION

KRENTZMAN, District Judge.

This is a habeas corpus proceeding pursuant to 28 U.S.C. § 2254, wherein petitioner Earl Gunsby, a state prisoner, alleges a violation of his fifth amendment right to be free from self-incrimination and seeks release from his conviction.

The United States Magistrate of this Court submitted a report recommending that the Court grant the petitioner's writ of habeas corpus. This Court granted the...

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