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MABERY v. GARRISON

No. 74-231-CRT.

405 F.Supp. 134 (1975)

Fred MABERY, Plaintiff, v. Sam P. GARRISON, Warden of Central Prison, Raleigh, North Carolina, and Nicholas Ferraro, District Attorney, Queens County, New York, Defendants.

United States District Court, E. D. North Carolina, Raleigh Division.

June 26, 1975.

Attorney(s) appearing for the Case

Fred Mabery, pro se.

Ralph L. McMurry, Asst. N. Y. Atty. Gen., New York City, for defendant Ferraro.

Jacob L. Safron, Asst. Atty. Gen., Raleigh, N. C., for defendant Garrison.

BUTLER, Chief Judge.

Plaintiff, Fred Mabery, a state prisoner, has been granted leave to file in forma pauperis a civil rights action pursuant to 42 U.S.C. § 1983 seeking a declaratory judgment, injunctive relief, and damages. The gravamen of Mabery's complaint is his allegation that he was removed from North Carolina and transported to New York, incommunicado, for trial on New York charges without being afforded procedural due process and in violation of 18...

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