U.S. Court of Appeals for the Second Circuit, 1966

United States ex rel. Paulding v. Mancusi

U.S. Court of Appeals for the Second Circuit · Decided November 3, 1966 · Kaufman, Lumbard, Moore

378 F.2d 368 (Federal Reporter, Second Series)

Counsel

Perry Paulding, in pro. per., Louis J. Lefkowitz, Atty. Gen. for State of New York, New York City, opposed the motion on behalf of respondent, Vincent Mancusi, Attica, N. Y.

Cases that cite this one

2 later published cases cite this decision.

Jones v. Tubman (District Court, S.D. New York 1973)
United States of America Ex Rel. Perry Paulding, Relator v. Vincent R. Mancusi, Warden, Attica State Prison, Attica, New York, No. Mr 714 (2d Cir. 1966)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We deny the motions and dismiss the petition, without prejudice to petitioner’s right to renew his petition in the district court should appropriate proceedings for the relief herein sought be denied in the New York State courts. United States ex rel. Martin v. McMann, 348 F.2d 896 (2 Cir. 1965); United States ex rel. Bagley v. LaVallee, 332 F.2d 890, 892 (2 Cir. 1964). In light of People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 273 N.Y.S.2d 897, 220 N.E.2d 653 (1966), the broadened scope of habeas corpus in New York makes it appropriate for the petitioner to seek whatever remedy he may have in such a proceeding in the first instance.

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