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MORGAN v. WAINWRIGHT

No. 80-5453.

676 F.2d 476 (1982)

Richard Lee MORGAN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary of the Dept. of Offender Rehabilitation and Jim Smith, Attorney General of the State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 17, 1982.

Attorney(s) appearing for the Case

Richard G. Pippinger, Tampa, Fla., for petitioner-appellant.

Eula Tuttle Mason, Deborah A. Osmond, Asst. Attys. Gen., Tampa, Fla., for respondents-appellees.

Before FAY, ANDERSON and CLARK, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

The appellant, Richard Lee Morgan, a prisoner in the Florida State Penitentiary System, filed a petition for a writ of habeas corpus in the United States District Court for the Middle District of Florida. On the report and recommendation of a magistrate, the district court summarily dismissed Morgan's petition. Morgan appeals to this court raising the sole question presented in his petition for habeas corpus: Whether the due...

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