Johnson v. Avery

WILLIAM E. MILLER, Chief Judge.

This proceeding was begun as a motion for law books, a typewriter, and release from solitary confinement under 28 U.S.C.A., § 1343(3) and the 1964 Civil Rights Act. It is, in its essential aspects, a petition for a writ of habeas corpus, and it is so construed. The case comes on to be heard upon the petition and return, a hearing, and post-hearing briefs. It is not clear whether the petitioner has presented his claim of illegal confinement under maximum security to the state courts, but in any event under present state rulings the habeas corpus remedy in…