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RODRIGUEZ v. McGINNIS

No. 69-CV-348.

307 F.Supp. 627 (1969)

Eugene RODRIGUEZ, and the United States of America ex rel. Eugene Rodriguez, Plaintiff-Petitioner, v. Paul D. McGINNIS, Commissioner of Correction; Russell G. Oswald, Chairman of the Board of Parole, J. Edwin LaVallee, Warden and Chairman of the Prison Board of Clinton State Prison; New York State Board of Parole; and the New York State Department of Correction, Defendants-Respondents.

United States District Court N. D. New York.

December 23, 1969.

Attorney(s) appearing for the Case

Richard A. Kohn, Albany, N. Y., for plaintiff.

Louis J. Lefkowitz, Atty. Gen., State of New York, for respondents; Jack W. Hoffman, Timothy F. O'Brien, Asst. Attys. Gen., of counsel.

MEMORANDUM—DECISION and ORDER

JAMES T. FOLEY, Chief Judge.

This typewritten pro se complaint under the Civil Rights statutes is combined with a petition for a writ of habeas corpus. It rarely occurs, but the plaintiff-petitioner forwarded to the Clerk the prescribed statutory fees for filing the complaint and petition. This form of application demonstrates again the ingenuity of state prisoners in following...

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