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RODRIGUEZ v. DISTRICT CT. OF FIRST J.D. CO. OF SANTA FE

No. 9332.

490 P.2d 458 (1971)

83 N.M. 200

Felix RODRIGUEZ, Warden, New Mexico State Penitentiary, Petitioner, v. The DISTRICT COURT OF the FIRST JUDICIAL DISTRICT, IN AND FOR the COUNTY OF SANTA FE, State of New Mexico, and The Honorable Santiago Campos, as Judge of the First Judicial District, Respondents.

Supreme Court of New Mexico.

October 28, 1971.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Winston Roberts-Hohl, Asst. Atty. Gen., Santa Fe, for petitioner.

Watson, Stillinger & Lunt, David L. Lunt, Santa Fe, for respondents.

OPINION

PER CURIAM.

This is an original prohibition proceeding in which Mr. Rodriguez, Warden of the New Mexico Penitentiary, seeks to prohibit the Respondents from executing or enforcing a certain order directing Petitioner to discharge one Dorsey Lee Robertson, a prisoner.

We issued an alternative writ, which we now determine to have been improvidently issued.

The subject matter of this action has a complex and unfortunate procedural history...

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