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SHELTON v. TAYLOR

No. 651, Docket 76-2099.

550 F.2d 98 (1977)

Leonard SHELTON, Petitioner-Appellant, v. Larry TAYLOR, Warden, and Maurice Sigler, Chairman, United States Board of Parole, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 22, 1977.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, on the brief), for appellant.

John M. O'Connor, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., Southern District of New York, New York City, on the brief), for appellees.

Before LUMBARD, FEINBERG and MULLIGAN, Circuit Judges.

LUMBARD, Circuit Judge:

Leonard Shelton appeals from an order by Judge Knapp of the Southern District dismissing his habeas corpus petition for lack of jurisdiction. Appellant argues that jurisdiction is available because he was in federal custody in the Southern District at the time he filed the petition and the custodian United States Parole Commission is present in the Southern District. He seeks relief on the ground that his failure to receive a federal parole...

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