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PAYTON v. THOMAS

No. 79 Civ. 4921.

486 F.Supp. 64 (1980)

Kenneth L. PAYTON, Petitioner, v. Dale THOMAS, Warden Metropolitan Correctional Center, and the United States Parole Commission, Respondents.

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

February 6, 1980.

Attorney(s) appearing for the Case

Kenneth L. Payton, pro se.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for respondents; Susan Millington Campbell, Asst. U. S. Atty., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, while confined to the Federal Correctional Institution at Tallahassee, Florida, instituted in the Northern District of Florida, Tallahassee Division, a habeas corpus proceeding in December 1978 ("December 1978 petition") pursuant to 28 U.S.C., section 2241, seeking his release. The application was based upon actions taken or omitted by the United States Parole Commission in connection with his initial...

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