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HOFFMAN v. WAINWRIGHT

No. 79-633-ORL-CIV-Y.

484 F.Supp. 355 (1979)

Donald Fred HOFFMAN, Petitioner, v. Louie L. WAINWRIGHT, and Jim Smith, Attorney General, the State of Florida, et al, Respondents.

United States District Court, M. D. Florida, Orlando Division.

December 17, 1979.

Attorney(s) appearing for the Case

Andrew A. Graham, Reinman, Harrell, Silberhorn, Moule & Boyd, P. A., Melbourne, Fla., for petitioner.

Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, Fla., for respondents.

MEMORANDUM OPINION

GEORGE C. YOUNG, Chief Judge.

This cause is before the Court on the petition of Donald Fred Hoffman for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The State of Florida has moved to dismiss the petition for failure to exhaust available state remedies.

Petitioner was arrested on December 24, 1975 and charged with possession of marijuana in excess of five grams. His motion to suppress was denied on April 15, 1975....

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