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UNITED STATES EX REL. SIEGAL v. FOLLETTE

Nos. 68-Civ. 3060, 68-Civ. 3059.

290 F.Supp. 636 (1968)

The UNITED STATES of America ex rel. Herbert S. SIEGAL, Esq., Petitioner, for and on behalf of Gerald Hartley, for a Writ of Habeas Corpus, etc., v. Harold W. FOLLETTE, as Warden of Greenhaven State Prison, County of Dutchess, State of New York, et al., Respondents. The UNITED STATES of America ex rel. Herbert S. SIEGAL, Esq., Petitioner, for and on behalf of Harold Munger, for a Writ of Habeas Corpus, etc., v. Daniel McMANN, as Warden of Clinton State Prison, Dannemora, County of Clinton, State of New York, et al., Respondents.

United States District Court S. D. New York.

September 25, 1968.

Attorney(s) appearing for the Case

Michael H. Rauch, Asst. Atty. Gen. of State of New York, New York City, for respondents.

Herbert S. Siegal, New York City, for petitioners Harold Munger and Gerald Hartley.

MEMORANDUM

CROAKE, District Judge.

Petitioners have applied to this court for certificates of probable cause to enable them to appeal the denial of their petitions for writs of habeas corpus to the Court of Appeals.

Congress has required state prisoners appealing denials of federal habeas corpus to obtain certificates of probable cause1 in order to eliminate frivolous appeals.2 A certificate...

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