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BREAZEALE v. BRADLEY

No. 78-1851. Summary Calendar.

582 F.2d 5 (1978)

Charles Gordon BREAZEALE, Petitioner-Appellant, v. R. M. BRADLEY, Warden, and Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

October 10, 1978.

Attorney(s) appearing for the Case

Charles Gordon Breazeale, pro se.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Mary Jo Gallay, Asst. Atty. Gen., Tampa, Fla., for respondents-appellees.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.

GOLDBERG, Circuit Judge:

This is an appeal from the denial of a writ of habeas corpus. Petitioner Charles Gordon Breazeale was taken into custody in Florida and charged with having escaped from an Alabama correctional institution. He was given a hearing before a judge in Florida and, on May 17, 1977, ordered extradited to Alabama unless he filed a state habeas corpus petition within ten days. On May 20, 1977, he filed for state habeas. On

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