MIDDLEBROOKS v. SMITH

No. 83-7247 Non-Argument Calendar.

735 F.2d 431 (1984)

Kimbrough G. MIDDLEBROOKS, Petitioner-Appellant, v. William French SMITH, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 29, 1984.


Attorney(s) appearing for the Case

John C. Bell, U.S. Atty., D. Broward Segrest, Asst. U.S. Atty., Montgomery, Ala., for respondents-appellees.

Before FAY, VANCE and KRAVITCH, Circuit Judges.


KRAVITCH, Circuit Judge:

The petitioner, Kimbrough Middlebrooks, filed a habeas corpus petition pursuant to 28 U.S.C. §§ 2241 and 2243 in the United States District Court for the Middle District of Alabama. The magistrate concluded that because the petitioner's action was more properly characterized as a petition to vacate a sentence under 28 U.S.C. § 2255, and because the petitioner had not brought his motion...

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