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BARKER v. JONES

No. 345, Docket 81-2145.

668 F.2d 154 (1982)

Henry BARKER, Plaintiff-Appellant, v. Everett JONES, Correctional Superintendant, Great Meadow Correctional Facility, Comstock, New York, and Robert Abrams, Attorney General for the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 4, 1982.

Attorney(s) appearing for the Case

Chester L. Mirsky, New York City (Washington Square Legal Services, Inc., New York City, of counsel), for plaintiff-appellant.

Michael J. Halberstam, Asst. Dist. Atty., Brooklyn, N. Y. (Eugene Gold, Dist. Atty., Brooklyn, N. Y., of counsel), for defendants-appellees.

Before OAKES and MESKILL, Circuit Judges, and POLLACK, District Judge.

OAKES, Circuit Judge:

Appellant Henry Barker appeals from the denial of his petition for a writ of habeas corpus by the United States District Court for the Eastern District of New York, Edward R. Neaher, Judge, Barker v. Jones, 511 F.Supp. 527 (E.D.N.Y.1981). Barker escaped from custody on August 13, 1975 after his New York State conviction on a guilty plea to felony murder had resulted in a sentence of fifteen years to...

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