Legal Opinion
United States Ex Rel. Masucci v. Follette
District Court, S.D. New York
Decided August 16, 1967No. 67 Civ. 798PublishedCited by 8 opinions
1Opinion of the Court
WYATT, District Judge.
This is a motion by defendant Esperdy to dismiss the action (a) under Fed.R. Civ.P. 12(b) (1) for lack of jurisdiction over the subject matter and (b) under Fed.R.Civ.P. 12 (b) (6) for failure to state a claim upon which relief can be granted.
Masucci, who commenced this action, is at Green Haven Prison at Stormville in Dutchess County in the custody of the penal authorities of New York. He is apparently now serving a sentence imposed by a State court in Queens County on conviction, after plea of guilty, of attempted robbery in third degree (Penal Law, McKinney’s…
2Cases cited6 opinions
- Jay v. BoydSupreme Court of the United States · 1956
- Douglas Stiltner v. B. J. Rhay, Superintendent, Washington State Penitentiary, Walla Walla, WashingtonCourt of Appeals for the Ninth Circuit · 1963
- Chester L. Oughton v. United States of America (John C. Taylor, Warden)Court of Appeals for the Tenth Circuit · 1962
- In re AndrewsDistrict Court, D. Vermont · 1916
- Dewey William Carson v. Executive Director, Department of ParoleCourt of Appeals for the Tenth Circuit · 1961
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fred M. Anderson and Wayne Nelson, Fred M. Anderson v. Thomas Coughlin, Commissioner, New York State Department of CorrectionsCourt of Appeals for the Second Circuit · 1983
- Wan Shih Hsieh v. Maurice F. Kiley, District Director, Immigration and Naturalization Service, United States Department of JusticeCourt of Appeals for the Second Circuit · 1978
- Lawrence v. BlackwellDistrict Court, N.D. Georgia · 1969
- Fries v. BarnesCourt of Appeals for the Second Circuit · 1980
- Fries v. BarnesCourt of Appeals for the Second Circuit · 1980
3 more not listed; retrieve them via the Exa API.