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RAULERSON v. WAINWRIGHT

No. 85-3053.

753 F.2d 869 (1985)

James David RAULERSON, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary of the Florida Department of Offender Rehabilitation, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 28, 1985.

Attorney(s) appearing for the Case

Stephen B. Bright, Atlanta, Ga., for petitioner-appellant.

Wallace Allbritton, Asst. Atty. Gen., Tallahassee, Fla., for respondents-appellees.

Before TJOFLAT, HILL and ANDERSON, Circuit Judges.

PER CURIAM:

Petitioner is a death row inmate; his execution is scheduled for Tuesday, January 29, 1985, at 7:00 a.m. On January 27, 1985, the district court, sitting in Jacksonville, Florida, following an evidentiary hearing denied petitioner's application for writ of habeas corpus on the ground that his application constituted an abuse of the writ. See Rule 9(b), Rules Governing Section 2254 Cases, 28 U.S.C. fol. § 2254 (1982). The district court granted...

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