United States ex rel. Dewolfe v. Norton
United States ex rel. Dewolfe v. Norton
Opinion of the Court
MEMORANDUM OF DECISION
The petitioner, presently incarcerated in the Federal Correctional Institution at Danbury, Connecticut, has filed a petition for a declaratory judgment and injunctive relief, seeking to expunge a detainer filed against him by the State of Louisiana. Petitioner, relying on Smith v. Hooey, 393 U.S. 374, 89 S.Ct. 575, 21 L.Ed.2d 607 (1969) and Dickey v. Florida, 398 U.S. 30, 90 S.Ct. 1564, 26 L.Ed.2d 26 (1970), repeatedly requested the appropriate state prosecutor of the State of Louisiana either to release the detainer or to bring him to trial. The prosecutor adamantly refused to comply, returning one letter with the word “No” written across the bottom and declining to reply to others.
The government has indicated that it approves of the rulings in Weiss v. Blackwell, 310 F.Supp. 360 (N.D.Ga.
Under all the circumstances, it is
Ordered, that the Warden forthwith expunge the detainer from petitioner’s file.
Reference
- Full Case Name
- UNITED STATES of America ex rel. David DEWOLFE v. John J. NORTON, Warden, Federal Correctional Institution, Danbury, Conn
- Status
- Published