Legal Opinion
United States ex rel. Williams v. Fitzpatrick
District Court, S.D. New York
Decided April 17, 1969No. 68 Civ. 4252PublishedCited by 4 opinions
1Opinion of the Court
OPINION
EDWARD WEINFELD, District Judge.
Petitioner, currently confined at the Atlanta federal penitentiary as a mandatory release violator, seeks his release upon a writ of federal habeas corpus under 28 U.S.C. section 2241. His petition was filed in this District on October 28, 1968. He was transferred to the Atlanta federal penitentiary on October 16, 1968. Because he attacks his continued detention based upon parole revocation rather than the validity of his sentence as such, petitioner must bring suit against his warden at the place of incarceration.1 *Accordingly, his application must be…
2Cases cited16 opinions
- Jones v. CunninghamSupreme Court of the United States · 1963
- United States v. HaymanSupreme Court of the United States · 1952
- Ponzi v. FessendenSupreme Court of the United States · 1922
- Ahrens v. ClarkSupreme Court of the United States · 1948
- Shelton v. United States Board of ParoleCourt of Appeals for the D.C. Circuit · 1967
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3Cited by4 opinions
- Melvin L. Lindsay v. United StatesCourt of Appeals for the Third Circuit · 1972
- Pavia v. Parole DirectorDistrict Court, E.D. New York · 1973
- Dixon v. BlackenseeDistrict Court, S.D. New York · 2019
- Transportation of Federal Prisoners to State Courts Pursuant to Writs of Habeas Corpus, Department of Justice Office of Legal Counsel1980