UNITED STATES EX REL. SMITH v. TWOMEY

No. 73-1461.

486 F.2d 736 (1973)

UNITED STATES of America ex rel. John SMITH, Petitioner-Plaintiff-Appellant, v. John TWOMEY, Warden, Respondent-Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 18, 1973.

Rehearing Denied November 15, 1973.


Attorney(s) appearing for the Case

Marshall Patner, Kenneth N. Flaxman, Chicago, Ill., for appellant.

William J. Scott, Atty. Gen., Raymond McKoski, Asst. Atty. Gen., Chicago, Ill., for appellee.

Before CUMMINGS, PELL, and STEVENS, Circuit Judges.


Rehearing En Banc Denied November 15, 1973.

PER CURIAM.

In this action, petitioner, an indigent inmate of the Illinois State penitentiary in Joliet, Illinois, sought a writ of habeas corpus for release from custody and also declaratory relief under the Civil Rights Act (42 U.S.C. § 1983). In a memorandum opinion, the case was dismissed. We affirm.

On May 27, 1970, petitioner received concurrent 20 to 40 year sentences from the Circuit Court of...

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