United States of America Ex Rel. Milton Ellington v. Hon. J. P. Conboy, Superintendent, Great Meadow Correctional Facility, Comstock, New York

MULLIGAN, Circuit Judge:

The petitioner-appellant, Milton Ellington, was convicted of second degree robbery after a trial by jury in the Supreme Court of New York, Bronx County. On October 22, 1969 he was sentenced to an indeterminate term not to exceed seven years. While serving this term as an inmate of the Great Meadow Correctional Facility, Comstock, New York, he petitioned pro se for a writ of habeas corpus in the United States District Court for the Southern District of New York pursuant to 28 U.S.C. § 2254. By order dated October 6, 1971, Judge Murray Gurfein dismissed the petition. 333…