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COOK v. FLORIDA PAROLE AND PROBATION COM'N

No. 83-5786 Non-Argument Calendar.

749 F.2d 678 (1985)

Dennis M. COOK, Petitioner-Appellant, v. FLORIDA PAROLE AND PROBATION COMMISSION, and Jim Smith, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 2, 1985.

Attorney(s) appearing for the Case

Dennis M. Cook, pro se.

Enoch J. Whitney, Tallahassee, Fla., Cailianne P. Lantz, Asst. Atty. Gen., Florida Dept. of Legal Affairs, Miami, Fla., for respondents-appellees.

Before TJOFLAT, HILL and ANDERSON, Circuit Judges.

PER CURIAM:

Appellant/petitioner Cook appeals from the district court's dismissal of his habeas corpus petition for failure to exhaust state remedies. A resolution of this appeal depends on the peculiar circumstances present in this case.

In 1972, Cook was sentenced to life imprisonment after pleading guilty in Florida state court to one count of rape. He was released on parole in 1978. In 1979, he was arrested in New York on rape and sodomy charges, tried...

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