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BOOTHE v. HAMMOCK

No. 1246, Docket 78-2151.

605 F.2d 661 (1979)

Michael BOOTHE, Plaintiff-Appellant, v. Edward HAMMOCK, Chairman, New York State Board of Parole, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 14, 1979.

Attorney(s) appearing for the Case

Karen Hutson, New York City (LeBoeuf, Lamb, Leiby & MacRae, New York City, on brief), for plaintiff-appellant.

Clement H. Berne, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., George D. Zuckerman, Asst. Sol. Gen., New York City, on brief), for defendant-appellee.

Before VAN GRAAFEILAND, NEWMAN and KEARSE, Circuit Judges.

NEWMAN, Circuit Judge:

This appeal from dismissal of a state prisoner's civil rights complaint concerns the impact of the Supreme Court's recent decision in Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex, ___ U.S. ____, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979), upon the federal rights of New York prisoners seeking parole.

Plaintiff-appellant Michael Boothe was sentenced in 1974 by the New York Supreme Court (Kings County) to four...

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