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LEWIS v. DELAWARE STATE HOSPITAL

Civ. A. No. 79-529.

490 F.Supp. 177 (1980)

Dio W. LEWIS, Petitioner, v. DELAWARE STATE HOSPITAL and Robert C. Fenney, Hospital Director, Respondents, and Richard S. Gebelein, Attorney General of the State of Delaware, Additional Respondent.

United States District Court, D. Delaware.

April 30, 1980.

Attorney(s) appearing for the Case

Bettina C. Ferguson, Wilmington, Del., for petitioner.

James J. Hanley, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for respondents.

OPINION

MURRAY M. SCHWARTZ, District Judge.

Dio W. Lewis ("petitioner") has petitioned for a writ of habeas corpus seeking release from his involuntary commitment to the Delaware State Hospital. Presently before the Court is the motion of respondents Delaware State Hospital and the Hospital Director to dismiss the petition because of petitioner's escape from the hospital and continued fugitive status.

On July 11, 1974, petitioner was indicted by...

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