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MOORE v. De YOUNG

Civ. A. No. 867-73.

391 F.Supp. 111 (1974)

Albert MOORE, Petitioner, v. John De YOUNG, Warden, Passaic County Jail, and Frank Davenport, Sheriff, Respondents.

United States District Court, D. New Jersey.

June 21, 1974.

Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Defender, John H. Ratliff, Asst. Deputy Public Defender, East Orange, N. J., for petitioner.

Joseph D. J. Gourley, Passaic County Pros. by John P. Goceljak, Asst. Pros., Paterson, N. J., for respondents.

OPINION and ORDER

WHIPPLE, District Judge:

Petitioner, Albert Moore, seeks issuance of a writ of habeas corpus pursuant to the provisions of 28 U.S.C. § 2241 et seq., attacking the legality of his confinement in the Passaic County Jail.

Upon the filing of respondent's answer, the cause was referred to the Honorable John W. Devine, United States Magistrate, pursuant to General Rule 40, subd. E(3), for his preliminary review and report and recommendation...

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