HOLLOWAY v. CAREY

No. 79 Civ. 2892.

482 F.Supp. 551 (1979)

Roy HOLLOWAY a/k/a Jay Manns, Plaintiff, v. Honorable Hugh L. CAREY, Governor of the State of New York; John Doe, Assistant Counsel of the Governor of the State of New York; Louis J. Lefkowitz, Attorney General of the State of New York; Joseph W. Henneberry, Assistant Attorney General of the State of New York; J. Trubee Miller, Assistant Attorney General of the State of New York; Michael Sackheim, Assistant District Attorney for the State of New York, N. Y., Defendants, and (Former) Honorable Milton J. Shapp, Governor of the State of Pennsylvania; (Now) Honorable Richard Thornburg, Governor of the State of Pennsylvania; James Golden, Secretary of the Commonwealth of the State of Pennsylvania; Honorable Judge Charles P. Mirachi, Court of Common Pleas of the County of Philadelphia, Penna.; Honorable Judge Marvin Halbert, Court of Common Pleas for the County of Philadelphia, Penna.; Edgar C. Campbell, Clerk of Quarter Session Court, Philadelphia, Pennsylvania; Det. Robert Kane, Badge No. 9097; Notary Public Shirley Kraft, State of Pennsylvania, Philadelphia, Defendants.

United States District Court, S. D. New York.

December 14, 1979.


Attorney(s) appearing for the Case

Roy Holloway a/k/a/ Jay Manns, pro se.

Robert Abrams, Atty. Gen., New York City, for defendants Hugh Carey, "John Doe," Louis J. Lefkowitz, Joseph W. Henneberry and J. Trubee Miller; Charles S. Kleinberg, Asst. Atty. Gen., New York City, of counsel.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, for defendant Michael Sackheim; Meredith Anne Feinman, Mark R. Dwyer, Asst. Dist. Attys., New York City, of counsel.

Edward G. Biester, Jr., Atty. Gen., of the Commonwealth of Pennsylvania, Dept. of Justice, Harrisburg, Pa., for defendants Governor Richard Thornburgh, former Governor Milton J. Shapp, and Mr. James D. Golden, former Secretary of the Commonwealth; Arvin Maskin, J. Andrew Smyser, Deputy Attys. Gen., Harrisburg, Pa., of counsel.

Sheldon L. Albert, City Sol., Philadelphia, Pa., for defendants Charles P. Mirachi, Marvin Halbert, Edgar C. Campbell, Robert Kane and Shirley Kraft; Paul R. Sacks, Asst. City Sol., Philadelphia, Pa., of counsel.


EDWARD WEINFELD, District Judge.

Plaintiff, appearing pro se, commenced this action pursuant to section 1983 of the Civil Rights Act1 for a declaratory judgment and injunctive relief based upon allegations of various violations of his federal constitutional rights. He is presently incarcerated at a state facility at Graterford, Pennsylvania following his extradition to that State from New York State. The defendants are officials of both...

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