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COM. EX REL. BENJAMIN v. HOWARD.

No. 78 T.D. 1980.

87 Pa.Commw. 341 (1985)

Commonwealth ex rel. Roosevelt Benjamin, Petitioner v. James Howard, Superintendent, State Correctional Institution Pittsburgh, Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

February 5, 1985.

Attorney(s) appearing for the Case

Joseph Sabino Mistick, for petitioner.

Jose' Hernandez-Cuebas, Senior Deputy Attorney General, with him, Andrew S. Gordon and Allen C. Warshaw, Senior Deputy Attorneys General, and LeRoy S. Zimmerman, Attorney General, for respondent.

Submitted on briefs September 24, 1984, to Judges ROGERS and WILLIAMS, JR. and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE ROGERS, February 5, 1985:

Roosevelt Benjamin (appellant) has appealed from an order of the Court of Common Pleas of Allegheny County refusing the prayer of his petition for a writ of habeas corpus which would effect his release from the State Correctional Institution at Pittsburgh (SCIP). In the petition, which Benjamin prepared, it is alleged that because the Bureau of Corrections has failed to segregate prisoners with histories of mental illness...

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