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SMITH v. WARDEN OF ESSEX COUNTY JAIL

Civ. No. 12-2932 (DRD).

902 F.Supp.2d 524 (2012)

Augustino SMITH, Petitioner,: v. WARDEN OF ESSEX COUNTY JAIL, United States Attorney for the District of New Jersey, United States Marshal for the District of New Jersey, Attorney General for the State of New Jersey, and/or whomever may have the custody of the body of Augustino Smith, Respondent.

United States District Court, D. New Jersey.

November 5, 2012.

Attorney(s) appearing for the Case

Robert J. Olejar, Esq., Olejar & Olejar, L.L.P., Randolph, NJ, for Petitioner.

Keith E. Hoffman, Esq., Senior Assistant Prosecutor, Passaic County Prosecutor's Office, Paterson, NJ, Attorney for Passaic County.

Paul J. Fishman, United States Attorney by: Peter G. O'Malley, Assistant U.S. Attorney, Newark, NJ, Attorney for United States Attorney (N.J.) United States Marshal (N.J.).

OPINION

DEBEVOISE, Senior District Judge.

Petitioner, Augustino Smith, petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, 28 U.S.C. § 2241(c), or both, and Fed.R.Civ.P. 81(a)(4). He alleges that he is unlawfully imprisoned, restrained of liberty and that he is in the custody of the United States Marshal for the District of New Jersey, the United States Attorney for the District of New Jersey, the Attorney General for the...

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