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UNITED STATES v. WARDEN, QUEENS HOUSE OF DETENTION, N. Y.

No. 62-M-1189.

217 F.Supp. 528 (1963)

UNITED STATES of America ex rel. John Joseph BERRY, Relator, v. WARDEN, QUEENS HOUSE OF DETENTION, KEW GARDENS, NEW YORK, Respondent.

United States District Court E. D. New York.

January 11, 1963.

Attorney(s) appearing for the Case

Joshua L. Sussman, Forest Hills, N. Y., for relator.

Louis Lefkowitz, Atty. Gen., Ronald J. Offenkrantz, Deputy Asst. Atty. Gen., of counsel, and Frank D. O'Connor, Dist. Atty. Queens County, Kew Gardens, N. Y., by Harvey Ehrlich, Laurleton, N. Y., for respondent.

MISHLER, District Judge.

The petitioner filed a petition for a writ of habeas corpus, for permission to proceed in forma pauperis and for assignment of counsel.

Permission was granted petitioner to proceed in forma pauperis. A writ was issued to the Warden, Queens House of Detention, directing the production of the prisoner. The Court assigned counsel.

Upon ascertaining that no issue of fact was before the Court, the presence of the prisoner at the...

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