Eddie James Curry v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Pursuant to new Rule 18 of the Rules of this court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804, Part I.

Eddie James Curry, a prisoner of the State of Florida, appeals from the denial of his petition for habeas corpus by the district court. We affirm.

At the outset we must rule on the merits of the appellee’s motion to dismiss the appeal on grounds of failure to timely file…