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McCLENITHAN v. DUGGER

No. 88-108-CIV-FtM-17.

767 F.Supp. 257 (1991)

Barney McCLENITHAN, Petitioner, v. Richard L. DUGGER, Secretary, Department of Offender Rehabilitation, Respondent.

United States District Court, M.D. Florida, Fort Myers Division.

July 3, 1991.

Attorney(s) appearing for the Case

Barney McClenithan, pro se.

Martin Derovanesian, Asst. Federal Public Defender, Fort Myers, Fla., for petitioner.

David R. Gemmer, Asst. Atty. Gen., Tampa, Fla., for respondent.

ORDER

KOVACHEVICH, District Judge.

This cause is before the Court on Report and Recommendation by Magistrate George T. Swartz, issued on January 15, 1991, and Objections to Report and Recommendation by the State, filed on January 23, 1991.

The Magistrate's Report and Recommendation adopts certain facts contained in the record. These findings will not be disturbed, except to the extent that facts are noted as disputed in this Order.

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