Legal Opinion

In re Read

District Court, W.D. New York

Decided August 26, 1958No. Civ. No. 7960PublishedCited by 1 opinion

1Opinion of the Court

MORGAN, District Judge.

Filing in forma pauperis allowed.

Following the denial by this court of petitioner’s motion for a Writ of Habeas Corpus on April 15, 1958, and subsequent denial of a motion for reargument on May 14, 1958, on the grounds that petitioner had not exhausted his state remedies, petitioner once again moves for a Writ of Habeas Corpus, alleging that he has exhausted his state remedies.

It appears from petitioner’s moving papers that petitioner moved in Supreme Court, Erie County, for a Writ of Error Coram Nobis. The motion *416was interpreted as one for resentence and denied on the…

2Cases cited3 opinions

  1. People ex rel. Stevens v. JacksonAppellate Division of the Supreme Court of the State of New York · 1953
  2. People v. DaceyNew York Court of General Session of the Peace · 1938
  3. In re GarciaDistrict Court, W.D. New York · 1958

3Cited by1 opinion

  1. United States of America Ex Rel. David Cyril Read, Relator-Appellant v. Walter B. Martin, Warden of Attica Prison, Attica, N.Y.Court of Appeals for the Second Circuit · 1959

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