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

THORNBERRY, Circuit Judge

(specially concurring):

I concur upon my understanding that the majority remands only because the district court refused to consider the merits of appellant’s petition for the wrong reasons. Upon remand, appellant should be allowed to amend his petition to more fully allege the facts on which he relies, if such facts exist; and the district court should determine the issues of exhaustion of state remedies and intentional bypass before determining whether to proceed to the merits.