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UNGER v. MOORE

No. 99-13776.

258 F.3d 1260 (2001)

Merle W. UNGER, Jr., Petitioner-Appellant, v. Michael W. MOORE, Robert A. Butterworth, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Decided July 26, 2001.

Attorney(s) appearing for the Case

Lisa Call, Federal Public Defender, Jacksonville, FL, for Petitioner-Appellant.

Dale E. Tarpley, Tampa, FL, for Respondents-Appellees.

Before BLACK and BARKETT, Circuit Judges, and HOBBS, District Judge.

PER CURIAM:

Appellant, a state prisoner, appeals the district court's dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Appellees are officials of the state of Florida. The district court ruled that Appellant was not "in custody" as required by § 2254. As such, the district court held it lacked subject matter jurisdiction. Pursuant to 28 U.S.C. § 2253, we granted a certificate...

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