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MAGGARD v. FLORIDA PAROLE COMMISSION

No. 79-2835.

616 F.2d 890 (1980)

John P. MAGGARD, Petitioner-Appellant, v. FLORIDA PAROLE COMMISSION, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing July 10, 1980.

Attorney(s) appearing for the Case

Stephen P. Smith, III, Jacksonville, Fla. (Court-appointed), for petitioner-appellant.

Charles A. Stampelos, Dept. of Legal Affairs, David P. Gauldin, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellee.

Before VANCE and SAM D. JOHNSON, Circuit Judges, and THOMAS, District Judge.

PER CURIAM:

This is an appeal from an order granting the Florida Parole Commission's motion to dismiss a petition for a writ of habeas corpus that was brought pursuant to 28 U.S.C.A. § 2254. The district court adopted the magistrate's report and recommendation to dismiss the petition after conducting an independent review that included a consideration of the supplemental responses submitted by both petitioner and respondent. We agree with the district court and...

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