Benny Reynolds, Jr. v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Petitioner appeals from the District Court’s refusal to grant § 2254 habeas corpus relief from his 1967 Florida conviction for assault with intent to commit rape. The District Court dismissed the petition for failure to exhaust available state remedies and we affirm.

No direct appeal or other action to obtain post-conviction review was under taken until the indigent petitioner filed his pro se “Motion to Vacate Judgment and Sentence” in the Circuit Court of Hillsborough County, Florida, on April 29, 1968. Thereafter, on July 22, 1968, petitioner filed a “Motion for Transcript”. The Florida…