UNITED STATES EX REL. MADISON v. CANNON

No. 74 C 2625.

400 F.Supp. 1238 (1975)

UNITED STATES of America ex rel. Calvin Leroy MADISON, Petitioner, v. Joseph CANNON, Warden Illinois State Penitentiary, Stateville Branch, Respondent.

United States District Court, N. D. Illinois, E. D.

January 27, 1975.


Attorney(s) appearing for the Case

Kenneth L. Jones, Chicago, Ill., for petitioner.

William J. Scott, Atty. Gen., Melbourne A. Noel, Jr., Raymond McKoski, Asst. Attys. Gen., Chicago, Ill., for respondent.


MEMORANDUM ORDER

MARSHALL, District Judge.

Before me is the motion of respondent Joseph Cannon to dismiss the habeas corpus petition of Calvin Leroy Madison [hereafter "Madison"] filed pursuant to 28 U.S.C. § 2241 et seq. Since matters outside the pleadings have been submitted to me for my consideration, the motion is treated as one for summary judgment. Rules 12(b) (6) and 56 of the Federal Rules of Civil Procedure.

In 1970 Madison was...

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