Robert Johnson Warren v. Louie L. Wainwright, Director, Division of Correction, State of Florida

460 F.2d 1249, 1972 U.S. App. LEXIS 9119

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 8, 1972
• Docket: 71-3450
• Status: Published

Opinions

PER CURIAM:

This is an appeal from the district court’s denial of habeas corpus relief to Robert Johnson Warren, a prisoner of the State of Florida. We vacate the order appealed and remand the case for further proceedings.

The district court denied Warren’s petition without an evidentiary hearing and without requiring a response, on grounds that he had filed two previous habeas corpus petitions there. The court below held that the appellant would not be permitted to present his habeas contentions in a one-at-a-time fashion, citing this court’s opinion in Fulford v. Smith, 432 F.2d 1225 (5th Cir., 1970). The ease sub judice is distinguishable from Fulford in a number of details.

We think we cannot make an adjudication without a joinder of issues and a hearing. The case is accordingly vacated and remanded.

Vacated and remanded.