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HARMON v. BARTON

No. 88-3754.

894 F.2d 1268 (1990)

James HARMON, III, # 080164, Petitioner-Appellant, v. Tom L. BARTON, Robert Butterworth, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 20, 1990.

Attorney(s) appearing for the Case

Daniel A. Smith, Jacksonville, Fla., for petitioner-appellant.

John M. Koenig, Jr., Asst. Atty. Gen., Director, Crim. Appeals, Dept. of Legal Affairs, Tallahassee, Fla., for respondents-appellees.

Before TJOFLAT, Chief Judge, HATCHETT, Circuit Judge, and MORGAN, Senior Circuit Judge.

MORGAN, Senior Circuit Judge:

James Harmon III, a Florida prisoner, appeals from the district court's judgment denying his petition for habeas corpus relief. Because the state court clearly and expressly stated that its decision rested on an independent and adequate state procedural ground, we refuse to address the merits of petitioner's claim for habeas corpus relief. Accordingly, we affirm the district court's order.

FACTS AND PROCEDURAL BACKGROUND

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