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CRUZ v. BETO

Civ. A. No. 70-H-1098.

329 F.Supp. 443 (1970)

Fred A. CRUZ, Plaintiff, v. Dr. George BETO, Director, Texas Department of Corrections and Z. E. Harrelson, Warden, Eastham Unit, Texas Department of Corrections, Defendants.

United States District Court, S. D. Texas, Houston Division.

December 23, 1970.

Attorney(s) appearing for the Case

Lonnie W. Duke, Rivera & Ritter, San Antonio, Tex., for plaintiff; Fred A. Cruz, pro se.

Gilbert J. Pena, Asst. Atty. Gen., of Tex., Austin, Tex., for defendants.

MEMORANDUM AND ORDER ON MOTION TO DISMISS

CONNALLY, Chief Judge.

This civil rights action was filed by plaintiff, a prisoner in custody of the Texas Department of Corrections, in forma pauperis on May 21, 1970, in the United States District Court for the Eastern District of Texas. Leave to proceed in forma pauperis was granted by the Honorable W. Wayne Justice on the same day, and the case was set down for hearing on plaintiff's motion for a preliminary...

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