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SIMMONS v. WAINWRIGHT

No. 78-1723 Summary Calendar.

585 F.2d 95 (1978)

Samuel SIMMONS, Petitioner-Appellant, v. L. L. WAINWRIGHT, Secretary, Department Offender Rehabilitation, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 27, 1978.

Attorney(s) appearing for the Case

Samuel Simmons, pro se.

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

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

PER CURIAM:

The district court dismissed the petition for writ of habeas corpus for failure to exhaust state remedies on two of several claims — effective assistance of state appellate counsel and failure of the prosecutor to properly investigate the crime for which petitioner was convicted. Galtieri v. Wainwright, (CA5, 1978) (en banc), 582 F.2d 348, holds that the district court must dismiss a "mixed" habeas corpus...

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