Newell Alligood, Appellant, v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, Appellee, 401 F.2d 183 (5th Cir. 1968)

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U.S. Court of Appeals for the Fifth Circuit - 401 F.2d 183 (5th Cir. 1968) October 9, 1968

Appeal from the United States District Court for the Middle District of Florida; Ben Krentzman, Judge.

Newell Alligood, pro se.

Earl Faircloth, Atty. Gen., Tallahassee, Fla., Robert R. Crittenden, Asst. Atty. Gen., Lakeland, Fla., for appellee.


Before BELL, THORNBERRY and AINSWORTH, Circuit Judges.


In 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],

It 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,

It is ordered that the district court proceed with consideration of the merits of the petition.

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