Calvin Hardee v. Robert Kuhlman, Acting Superintendent, Woodbourne Correctional Facility

*331MOORE, Circuit Judge:

Petitioner-appellant, Calvin Hardee (“Hardee”), comes into the federal court via the not-too-unusual habeas corpus route. His petition for a writ was denied without a hearing by Judge Charles L. Brieant of the Southern District of New York, from which denial Hardee appeals.

On April 27, 1976, Hardee was convicted by a jury in the Supreme Court of the State of New York, Westchester County, of the crime of manslaughter, second degree and sentenced to a prison term in a State Correctional Facility from zero to ten years, which he is now serving.

Hardee has availed himself of…