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SPRING v. CALDWELL

Civ. A. No. H-79-2570.

516 F.Supp. 1223 (1981)

Gilbert Manley SPRING, Petitioner, v. Harry CALDWELL, Chief of Police, City of Houston, Felix M. Stanley, Presiding Judge of the Municipal Courts, City of Houston, Harris County, Texas, Respondents.

United States District Court, S. D. Texas, Houston Division.

June 25, 1981.

Attorney(s) appearing for the Case

Larry Sauer, J. Patrick Wiseman, Nelson & Mallett, Houston, Tex., for petitioner.

John Helm, Asst. City Atty., Houston, Tex., for respondents.

MEMORANDUM AND ORDER

SEALS, District Judge.

This is a petition for a federal writ of habeas corpus brought under 28 U.S.C. § 2241. Petitioner alleges that he is being deprived of his liberty in violation of the Constitution of the United States.

Petitioner was arrested on November 13, 1975, for refusing to identify himself to a police officer, in violation of Section 38.02 of the Texas Penal Code.1 On March 23, 1976...

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