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THOMPSON v. WAINWRIGHT

No. 82-6052.

714 F.2d 1495 (1983)

William Lee THOMPSON, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied October 12, 1983.

Attorney(s) appearing for the Case

Calvin L. Fox, Asst. Atty. Gen., State of Fla., Dept. of Legal Affairs, Miami, Fla., for respondent-appellant.

Kravitz & Von Zamft, Michael Von Zamft, Hialeah, Fla., for petitioner-appellee.

Before GODBOLD, Chief Judge, KRAVITCH, Circuit Judge, and MORGAN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied October 12, 1983.

GODBOLD, Chief Judge:

In this habeas corpus case brought by a Florida state prisoner under sentence of death we decide three issues. We hold that a district court having before it a habeas petition containing only exhausted claims may continue the case at the petitioner's request pending his presenting to the state courts other claims that are not included in the petition and have not been exhausted...

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