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UNITED STATES v. MURPHY

Civ. No. 9232.

212 F.Supp. 926 (1963)

UNITED STATES ex rel. James Jessie BROWN, Petitioner, v. Hon. Robert E. MURPHY, Warden, New York State Prison, Auburn, New York, Respondent.

United States District Court N. D. New York.

January 8, 1963.

Attorney(s) appearing for the Case

J. Michael Hippick, Albany, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen. of New York, Albany, N. Y., Raymond B. Madden, Asst. Atty. Gen., of counsel, for respondent.

JAMES T. FOLEY, District Judge.

This petitioner filed for a writ of habeas corpus directly in this Court under the important ruling of the Court of Appeals, Second Circuit, in United States ex rel. LaNear v. LaVallee, 306 F.2d 417 before the mandate of that Court was filed and final in this District Court. Such premature action is again indication that the state prisoners of New York — and I have observed this fact from continuous...

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