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McBRIDE v. SHARPE

No. 91-8087.

981 F.2d 1234 (1993)

Embery Jackson McBRIDE, Petitioner-Appellant, v. Bob SHARPE, Warden, Dodge Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 29, 1993.

Attorney(s) appearing for the Case

Charles E. Johnson, III, Berlin & Hodges, Macon, GA, for petitioner-appellant.

Paula K. Smith, Susan V. Boleyn, Atlanta, GA, for respondent-appellee.

Before FAY and KRAVITCH, Circuit Judges, and RONEY, Senior Circuit Judge.

PER CURIAM:

We vacate the judgment for respondent and remand this § 2254 action for failure of the district court to comply with the ten-day notice requirement of Federal Rule of Civil Procedure 56(c) prior to granting summary judgment for respondent and dismissing petitioner's habeas corpus petition.

Embery J. McBride, a Georgia inmate, filed a pro se habeas corpus petition under 28 U.S.C. § 2254, challenging his state convictions for rape and aggravated...

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