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SURACE v. WAINWRIGHT

No. 85-3779-CIV-SPELLMAN.

637 F.Supp. 460 (1986)

Rocco SURACE, Petitioner, v. Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections, Respondent.

United States District Court, S.D. Florida, Miami Division.

May 1, 1986.

Attorney(s) appearing for the Case

Petitioner Rocco Surance, pro se.

Calvin Fox, Asst. Atty. Gen., Miami, Fla., for respondent.

MEMORANDUM OPINION

FINAL ORDER ADOPTING AND AFFIRMING REPORT OF THE UNITED STATES MAGISTRATE

SPELLMAN, District Judge.

I

This CAUSE comes before the Court on Rocco Surace's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 attacking a conviction for second degree murder, false imprisonment, and sexual battery.

This conviction arose from the brutal slaying of a woman. The record reveals that the battery was accomplished...

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