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McGINNIS v. UNITED STATES EX REL. POLLACK

No. 268, Docket 71-1874.

452 F.2d 833 (1971)

Paul D. McGINNIS, Commissioner of Correction, et al., Respondents-Appellants, v. UNITED STATES ex rel. Milton POLLACK, Petitioner-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 2, 1971.

Attorney(s) appearing for the Case

Michael Colodner, Asst. Atty. Gen. of the State of New York, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondents-appellants.

Victor Rabinowitz, New York City (Rabinowitz, Boudin & Standard, New York City, on the brief), for petitioner-appellee.

Before KAUFMAN and MANSFIELD, Circuit Judges, and LEVET, District Judge.

IRVING R. KAUFMAN, Circuit Judge:

Milton Pollack commenced an action pro se under 42 U.S.C. § 1983, in effect seeking a recomputation of his maximum release date. After counsel was assigned, a petition for a writ of habeas corpus was also filed. Judge Motley, after a hearing, held that the action was properly one for habeas corpus relief and withheld consideration of the merits of the petition pending an exhaustion of state remedies pursuant...

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