United States Ex Rel. Clark v. Mulligan

MEMORANDUM AND ORDER

LACEY, District Judge:

Edward Clark, who is presently on probation under the supervision of Respondent Mulligan, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, et seq. Petitioner has standing to seek such relief notwithstanding his enlarged status. Jones v. Cunningham, 371 U.S. 236, 83 S.Ct. 373, 9 L.Ed.2d 285 (1963); Carafas v. LaVallee, 391 U.S. 234, 88 S.Ct. 1556, 20 L.Ed.2d 554 (1968).

Petitioner was tried and convicted of possession of heroin, a violation of N.J. S. 24:18-4 et seq. On May 18, 1971, he was sentenced to a term of from two…