Legal Opinion
United States ex rel. Griffin v. LaVallee
District Court, E.D. New York
Decided June 29, 1967No. 67 C 525PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge.
Petitioner was sentenced by the Onondaga County Court, Syracuse, New York, to a term of 20 years to life upon a conviction of second degree murder. He is now serving his sentence in the state- prison at Auburn, New York.
The petition for a writ of habeas corpus is dismissed for lack of jurisdiction in this Court since the Eastern District of New York does not include either the place where petitioner is in •custody or where he was sentenced. The applicable statute (28 U.S.C. § 2241 (d)) provides that:
“Where an application for a writ of habeas…
2Cases cited3 opinions
- United States v. HaymanSupreme Court of the United States · 1952
- Ahrens v. ClarkSupreme Court of the United States · 1948
- United States ex rel. McGowan v. New York State Division of ParoleDistrict Court, S.D. New York · 1965
3Cited by4 opinions
- United States of America Ex Rel. Arthur Rudick v. Melvin Laird, Secretary of Defense, and Stanley Resor, Secretary of the ArmyCourt of Appeals for the Second Circuit · 1969
- United States Ex Rel. Ayala v. TubmanDistrict Court, E.D. New York · 1973
- United States ex rel. Jimenez v. ConboyDistrict Court, S.D. New York · 1970
- In re BrownDistrict Court, E.D. Arkansas · 1969