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LOCKETT v. MONTEMANGO

No. 538, Docket 85-2259.

784 F.2d 78 (1986)

Samuel LOCKETT, Petitioner-Appellee, v. Albert MONTEMANGO, Warden, Brooklyn House of Detention, Brooklyn, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 14, 1986.

Attorney(s) appearing for the Case

Barbara D. Underwood, Asst. Dist. Atty., Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., Kings County, Peter A. Weinstein, and Debra Winter Petrover, Asst. Dist. Attys., Brooklyn, N.Y., on the brief), for appellant.

Michael W. Warren, Brooklyn, N.Y. (Louis Clayton Jones, Brooklyn, N.Y., on the brief), for appellee.

Before TIMBERS, PIERCE and MINER, Circuit Judges.

TIMBERS, Circuit Judge:

The warden of the Brooklyn House of Detention (the "State") appeals from a judgment entered in the Eastern District of New York, Mark A. Costantino, District Judge, 618 F.Supp. 147, which granted a petition for a writ of habeas corpus, enjoined the State from prosecuting Samuel Lockett ("appellee") for armed robbery, and ordered the State to examine appellee under its civil commitment procedures...

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