Newell Alligood v. Louie L. Wainwright, Director, Division of Corrections, State of Florida , 401 F.2d 183 ( 1968 )
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Newell ALLIGOOD, Appellant,
v.
Louie L. WAINWRIGHT, Director, Division of Corrections,
State of Florida, Appellee.No. 25968.
United States Court of Appeals Fifth Circuit.
Oct. 9, 1968.
Newell Alligood, pro se.
Earl Faircloth, Atty. Gen., Tallahassee, Fla., Robert R. Crittenden, Asst. Atty. Gen., Lakeland, Fla., for appellee.
ORDER
Before BELL, THORNBERRY and AINSWORTH, Circuit Judges.
BY THE COURT:
1In light of the decisions in Peyton v. Rowe, 391 U.S. 54, 88 S. Ct. 1549, 20 L. Ed. 2d 426 (May 20, 1968), and Stepp v. Beto, 398 F.2d 814 (Fifth Circuit July 11, 1968),
2It is ordered that the judgment of the district court be reversed and the case remanded to that court which, in its own discretion, may choose to reconsider the question as to whether petitioner has exhausted his state remedies as required by 28 U.S.C. 2254. If the district court chooses not to reopen that question, or having done so, finds that all available state remedies have been exhausted,
3It is ordered that the district court proceed with consideration of the merits of the petition.
Document Info
Docket Number: 25968_1
Citation Numbers: 401 F.2d 183
Judges: Ainsworth, Bell, Thornberry
Filed Date: 10/9/1968
Precedential Status: Precedential
Modified Date: 8/4/2023