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UNITED STATES EX REL. CARRASQUILLO v. THOMAS

No. 81 Civ. 4566.

527 F.Supp. 1105 (1981)

UNITED STATES of America, ex rel. Efraim CARRASQUILLO, Petitioner, v. Dale THOMAS, as Warden of the Metropolitan Correctional Center, New York City, Respondent.

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

December 15, 1981.

Attorney(s) appearing for the Case

Fisher & Fraser, New York City, for petitioner; Ivan S. Fisher, Alan Scribner, David Ely, New York City, of counsel.

John S. Martin, Jr., U.S.Atty., New York City, for respondent; William J. Brennan, Asst. U.S.Atty., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, presently confined at the Metropolitan Correctional Center after revocation of parole, seeks a writ of habeas corpus pursuant to 28 U.S.C., section 2241 which, if granted, would effect his release from custody. Essentially, he makes two claims: (1) that criminal charges contained in an indictment against him which had been dismissed cannot ground a subsequent revocation of parole; and (2) that the failure...

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