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BARKSDALE v. BLACKBURN

No. 80-3782 Summary Calendar.

670 F.2d 22 (1982)

Woodrow BARKSDALE, II, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 1, 1982.

Certiorari Denied June 7, 1982.

Attorney(s) appearing for the Case

Woodrow Barksdale, II, pro se.

J. Kevin McNary, Asst. Dist. Atty., New Orleans, La., for respondent-appellee.

Before RUBIN, SAM JOHNSON and GARWOOD, Circuit Judges.

Certiorari Denied June 7, 1982. See 102 S.Ct. 2912.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

ALVIN B. RUBIN, Circuit Judge:

A Louisiana prisoner serving an eight-year sentence in the state penitentiary at Angola for simple burglary enhanced by two prior felony convictions seeks habeas corpus. We dismissed the appeal from the district court's denial of the petition as not being timely filed, Barksdale v. Blackburn,

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