decided: April 27, 1971.
UNITED STATES OF AMERICA EX REL. JOHN BUTLER, PETITIONER-APPELLEE,
JAMES A. THOMAS, WARDEN, RIKERS ISLAND PRISON, NEW YORK, RESPONDENT-APPELLANT.
Before Moore and Smith, Circuit Judges, and Timbers,*fn* District Judge.
This is an appeal from an order of the United States District Court for the Southern District of New York, John M. Cannella, Judge, granting appellee's petition for a writ of habeas corpus. The opinion below is reported at 319 F.Supp. 524 (S.D.N.Y.1970).
In the light of our opinion filed heretofore in United States ex rel. Farmer v. Kosan, 440 F.2d 1256 (2d Cir. 1971), the order of the district court is reversed with direction that the petition for the writ be dismissed.