c10:No. 80-5392

Justice Stewart
dissents. He would vacate the judgment and remand the case to the District Court with directions to dismiss the complaint. He is of the view that, although the petitioner could have brought a habeas corpus action in the appropriate Federal District Court by virtue of 18 U. S. C. § 4001 (a), neither that statute nor any other authorized this independent civil action in the United States District Court for the District of Vermont.

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