RIVERA v. COOMBE

Nos. 80 Civ. 7447 (RJW), 81 Civ. 1280 (RJW).

534 F.Supp. 980 (1982)

Edwin RIVERA, Petitioner, v. Phillip COOMBE, Jr., Superintendent, Eastern Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents. Pedro ARROYO, Petitioner, v. Everett JONES, Superintendent, Great Meadow Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents.

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

February 11, 1982.


Attorney(s) appearing for the Case

The Legal Aid Society, New York City, for petitioners in Nos. 80 Civ. 7447(RJW) and 81 Civ. 1280(RJW); William E. Hellerstein, John D. Lewis, Judith L. Turnock, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of N. Y., New York City, for respondents in No. 80 Civ. 7447(RJW); Daniel Kinburn, Deputy Asst. Atty. Gen., New York City, of counsel.

Robert M. Morgenthau, Dist. Atty. of New York County, New York City, for respondents in No. 81 Civ. 1280(RJW); Mark Dwyer, Victoria Lea Smith, Asst. Dist. Attys., New York City, of counsel.


OPINION

ROBERT J. WARD, District Judge.

The two above-captioned actions were each commenced by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner in 80 Civ. 7447(RJW) (hereinafter referred to as "the Rivera action") is Edwin Rivera, presently in the custody of the Attorney General of the State of New York at Eastern Correctional Facility in Napanoch, New York. Petitioner in 81 Civ. 1280(RJW) (hereinafter referred...

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