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UNITED STATES EX REL. HILL v. JOHNSTON

No. 70 Civ. 4578.

321 F.Supp. 818 (1971)

UNITED STATES of America ex rel. James F. HILL, Jr., Petitioner, v. Dr. W. Cecil JOHNSTON, Director, Matteawan State Hospital, Beacon, N. Y., Respondent.

United States District Court, S. D. New York.

January 5, 1971.

Attorney(s) appearing for the Case

James F. Hill, Jr., pro se.

Louis J. Lefkowitz, Atty. Gen., by Thomas P. Dorsey, Asst. Atty. Gen., New York City, for respondent.

MANSFIELD, District Judge.

Petitioner, a state prisoner committed as mentally incompetent by state court order to the Matteawan State Hospital, seeks release on habeas corpus1 so that he may be transferred either to a state hospital for those civilly committed or to a federal prison. He makes serious charges attacking the legality of his incarceration. Respondent has not answered on the merits since he claims that petitioner...

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