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UNITED STATES EX REL. SMITH v. BRIERLEY

Civ. A. No. 70-2264.

337 F.Supp. 93 (1971)

UNITED STATES of America ex rel. Harvey SMITH v. Joseph R. BRIERLEY, Supt.

United States District Court, E. D. Pennsylvania.

February 4, 1971.

Attorney(s) appearing for the Case

Harvey Smith, pro se.

T. Michael Mather, Asst. Dist. Atty., and Arlen Specter, Dist. Atty., Philadelphia, Pa., for respondent.

MEMORANDUM AND ORDER

JOHN W. LORD, Jr., District Judge.

This Court is now asked to consider the eighth civil action brought by Harvey Smith, which alleges a) a defective search warrant; b) arrest without probable cause; c) ineffective assistance of counsel; and d) illegal sentence. Upon consideration of the briefs submitted, this Court finds that an independent evidentiary hearing is not required. Townsend v....

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