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CERVI v. STATE DEPT. OF OFFENDER REHABILITATION

Civ. A. No. 180-59.

487 F.Supp. 1385 (1980)

Michael Albert CERVI, Plaintiff, v. STATE DEPARTMENT OF OFFENDER REHABILITATION and David C. Evans, as Commissioner, Individually, Defendants.

United States District Court, S. D. Georgia, Augusta Division.

April 22, 1980.

Attorney(s) appearing for the Case

O. Torbitt Ivey, Jr., Augusta, Ga., for plaintiff.

Harrison Kohler, Atlanta, Ga., for defendants.

ORDER

BOWEN, District Judge.

The plaintiff, Michael Albert Cervi, is a prisoner convicted in Taliaferro County, Georgia, of the crime of murder by a jury verdict which was returned on February 28, 1980. He was sentenced to death on February 29, 1980. Because of the absence of the jail facility in that county, he is incarcerated in the custody of Sheriff William B. Swan in McDuffie County.

The plaintiff has filed a motion for new trial before the...

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