Legal Opinion
Paul D. McGinnis Commissioner of Correction v. United States Ex Rel. Milton Pollack
Court of Appeals for the Second Circuit
Decided December 2, 1971No. 268, Docket 71-1874PublishedCited by 17 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge:
Milton Pollack commenced an action pro se under 42 U.S.C. § 1983, in effect seeking a recomputation of his maximum release date. After counsel was assigned, a petition for a writ of habeas corpus was also filed. Judge Motley, after a hearing, held that the action was properly one for habeas corpus relief and withheld consideration of the merits of the petition pending an exhaustion of state remedies pursuant to 28 U.S.C. § 2254(b). When state procedures proved unavailing, Pollack renewed his application, and Judge Motley granted the writ, 337 F.Supp. 1220.
Polla…
2Cases cited10 opinions
- Williams v. IllinoisSupreme Court of the United States · 1970
- Tate v. ShortSupreme Court of the United States · 1971
- Zerbst v. KidwellSupreme Court of the United States · 1938
- United States v. Bernard GainesCourt of Appeals for the Second Circuit · 1971
- G. W. Robinson v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas, and United States Board of ParoleCourt of Appeals for the Tenth Circuit · 1966
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ronnie James v. James Walsh, Superintendent of Ulster Correctional FacilityCourt of Appeals for the Second Circuit · 2002
- Thomas Harry Durkin v. Jack F. Davis, Director, Dept. Of CorrectionsCourt of Appeals for the Fourth Circuit · 1976
- Laden v. WardenSupreme Court of Connecticut · 1975
- Payton v. AlbertSupreme Court of Connecticut · 1988
- Charles F. Smith v. United States Parole Commission U.S. Attorney GeneralCourt of Appeals for the Ninth Circuit · 1989
12 more not listed; retrieve them via the Exa API.