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SPINKELLINK v. WAINWRIGHT

No. 79-8211.

596 F.2d 637 (1979)

John A. SPINKELLINK, Petitioner, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Offender Rehabilitation, and David H. Brierton, Superintendent of Florida State Prison at Starke, Florida, Respondents.

United States Court of Appeals, Fifth Circuit.

May 22, 1979.

Attorney(s) appearing for the Case

Andrew A. Graham, Cocoa, Fla., John Charles Boger, New York City, for petitioner.

Raymond L. Marky, Asst. Atty. Gen., Tallahassee, Fla., for respondents.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.

PER CURIAM:

The Court has heretofore entered orders denying petitioner's application for a certificate of probable cause and leave to appeal in forma pauperis, and denying petitioner's motion for stay of execution.

A careful review of the submission made to us reveals that petitioner is attempting to relitigate the precise constitutional issues that were fully litigated and decided by this Court in Spinkellink v. Wainwright, 578...

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