United States of America Ex Rel. John Smith, Petitioner-Plaintiff-Appellant v. John Twomey, Warden, Respondent-Defendant-Appellee

In this action, petitioner, an indigent inmate of the Illinois State penitentiary in Joliet, Illinois, sought a writ of ha-beas corpus for release from custody and also declaratory relief under the Civil Rights Act (42 U.S.C. § 1983). In a memorandum opinion, the case was dismissed. We affirm.

On May 27, 1970, petitioner received concurrent 20 to 40 year sentences from the Circuit Court of Cook County, Illinois, after a jury found him guilty of rape, armed robbery and aggravated kidnapping. He has been unable to obtain a bail bond pending his appeal, which is scheduled for oral argument before…