Smith v. Israel

STEWART, District Judge.

Petitioner is confined in the Warren State Hospital pursuant to the provisions of Section 302 of the Mental Health Act of Pennsylvania, Act of July 11, 1923, P.L. 998, 50 P.S. § 42, and now seeks his release on habeas corpus alleging that the confinement is in violation of his constitutional rights in that he was deprived of his liberty without due process.

Upon receipt of the petition and in accordance with the provisions of Section 2243 of Title 28 of the United States Code, we forthwith issued an order directing the respondents to show cause why the writ should not…