Legal Opinion
DeSousa v. Abrams
District Court, E.D. New York
Decided March 21, 1979No. 79 C 687PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
NICKERSON, District Judge.
Thomas DeSousa has petitioned this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Although the petition states that DeSousa is presently incarcerated in the Clinton Correctional Facility, Dannemora, New York, it names Robert Abrams, Attorney General of the State of New York, as respondent. As such, the petition fails to comply with 28 U.S.C. § 2242, which states that an application for a writ of habeas corpus “shall allege . . . the name of the person who has custody” over the applicant, and Rule 2(a) of the Rules Governing Section…
2Cases cited7 opinions
- Paul Ashley, AKA Walter Paul Foster v. The State of WashingtonCourt of Appeals for the Ninth Circuit · 1968
- Homer K. Morehead v. State of CaliforniaCourt of Appeals for the Ninth Circuit · 1964
- Samuel Britt v. Elwood S. McKenneyCourt of Appeals for the First Circuit · 1976
- Osborn v. Commonwealth, Court of Common PleasDistrict Court, W.D. Pennsylvania · 1967
- United States ex rel. Gauthreaux v. State of Illinois Pardon & Parole BoardDistrict Court, N.D. Illinois · 1978
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Blair v. CLINTON CORRECTIONAL FACILITYDistrict Court, W.D. New York · 2007
- Onosamba-Ohindo v. BarrDistrict Court, W.D. New York · 2020