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RASTELLI v. WARDEN, METROPOLITAN CORR. CENTER

No. 85 Civ. 0613 (EW).

622 F.Supp. 1387 (1985)

Philip RASTELLI, Petitioner, v. WARDEN, METROPOLITAN CORRECTIONAL CENTER, NEW YORK, NEW YORK; United States Department of Justice, Bureau of Prisons; and United States Parole Commission, Respondents.

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

November 23, 1985.

Attorney(s) appearing for the Case

Stanley A. Teitler, New York City, for petitioner; Amy Adelson, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for respondents; William E. Simon, Jr., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, Philip Rastelli, seeks a writ of habeas corpus, claiming that he was denied his constitutional right to due process of law in the revocation of his parole. This is petitioner's second request for a writ; the procedural posture of the case makes necessary a review of the background of the previous application, which was disposed of by Judge Sofaer, in an extensive opinion familiarity with which is assumed...

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