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JOHNSON v. AVERY

Civ. No. 4170.

252 F.Supp. 783 (1966)

William Joe JOHNSON, Petitioner, v. Harry S. AVERY, Commissioner, Department of Correction, and C. Murray Henderson, Warden, Tennessee State Penitentiary, Nashville, Tennessee, Respondents.

United States District Court M. D. Tennesssee, Nashville Division.

January 21, 1966.

Attorney(s) appearing for the Case

Pierce Winningham, III, Nashville, Tenn., for petitioner.

Henry C. Foutch, Asst. Atty. Gen., of Tennessee, Nashville, Tenn., for respondents.

WILLIAM E. MILLER, Chief Judge.

This proceeding was begun as a motion for law books, a typewriter, and release from solitary confinement under 28 U.S.C.A., § 1343(3) and the 1964 Civil Rights Act. It is, in its essential aspects, a petition for a writ of habeas corpus, and it is so construed. The case comes on to be heard upon the petition and return, a hearing, and post-hearing briefs. It is not clear whether the petitioner has presented his claim of illegal...

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