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UNITED STATES EX REL. JAMES v. FOLLETTE

No. 688, Docket 33894.

431 F.2d 708 (1970)

UNITED STATES of America ex rel. Jack JAMES, Relator-Appellant, v. Harold W. FOLLETTE, as Warden of Green Haven Prison, at Stormville, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 21, 1970.

Attorney(s) appearing for the Case

George J. Grumbach, Jr., New York City, for relator-appellant.

Hillel Hoffman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before WATERMAN and FRIENDLY, Circuit Judges, and ZAMPANO, District Judge.

PER CURIAM:

Appellant Jack James appeals from an order of the United States District Court for the Southern District of New York denying without a hearing his application for a writ of habeas corpus. We affirmed on the well-reasoned opinion of Judge Weinfeld, reported at 301 F.Supp. 569 (S.D.N.Y.1969).

While the District Court erroneously relied on 28 U.S.C. § 2244(a), which relates to federal detention and not to...

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