UNITED STATES EX REL. SPAIN v. OSWALD

No. 72 CR 73.

342 F.Supp. 97 (1972)

The UNITED STATES of America ex rel. Ronald SPAIN, Plaintiff, In the Matter of a Judgment Pursuant to: Title 28, Sec. (s), 2281-2284, of Interlocutory Injunction, v. Hon. Russell OSWALD, Commissioner of Corrections, Dept. of Correctional Services, Albany, New York, et al., Defendants.

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

February 23, 1972.


Attorney(s) appearing for the Case

Ronald Spain, pro se.

Louis J. Lefkowitz, Atty. Gen., State of New York, Michael Colodner, Asst. Atty. Gen., for defendants.


BRUCHHAUSEN, Senior District Judge.

The plaintiff, now in State custody, moves for an interlocutory judgment, pursuant to 28 U.S.C. §§ 2281 and 2284.

Plaintiff was convicted of attempted robbery in the third degree in the Supreme Court, Kings County, and was sentenced on August 4, 1969, to an indeterminate term of 0 to 3 years (Mollen, J.). He received credit for 308 days jail time, and his maximum release date was thus October 31, 1971. He was conditionally...

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