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UNITED STATES EX REL. POLLACK v. McGINNIS

No. 70 Civ. 4378.

337 F.Supp. 1220 (1971)

UNITED STATES of America ex rel. Milton POLLACK, Petitioner, v. Paul D. McGINNIS, Commissioner of Corrections, et al., Respondents.

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

August 26, 1971.

Attorney(s) appearing for the Case

Victor Rabinowitz, Rabinowitz, Boudin & Standard, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen., by Michael Colodner, Asst. Atty. Gen., New York City, for respondents.

MOTLEY, District Judge.

OPINION

This proceeding originally came before this court on a pro se application for relief under 42 U.S.C. § 1983. Petitioner, at that time, claimed that he was being denied his constitutional rights by New York State in that he was being held in custody by the warden of Green Haven Prison although he had already served his maximum term of five years or 60 months imprisonment. To be sure of obtaining appropriate relief...

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