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BOONE v. SECRETARY, DEPT. OF CORRECTIONS

No. 03-16381 Non-Argument Calendar.

377 F.3d 1315 (2004)

Hugh W. BOONE, Petitioner-Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 22, 2004.

Attorney(s) appearing for the Case

Hugh Wesley Boone, Talladega, AL, pro se.

Michele J. Taylor, Florida Atty. Gen., Tampa, FL, for Respondents-Appellees.

Before ANDERSON, WILSON and FAY, Circuit Judges.

PER CURIAM:

The opinion that issued in this matter on June 4, 2004 is hereby vacated and withdrawn and the following substituted therefor:

Hugh W. Boone, proceeding pro se, appeals the district court's dismissal of his Federal Rule of Civil Procedure 60(b) motion for relief from judgment from the order dismissing his 28 U.S.C. § 2254 petition for writ of habeas corpus. On appeal, Boone argues that the district court abused its discretion by denying...

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