OPINION
WHIPPLE, District Judge:
This matter is before the Court in order that I may rule on plaintiff's motion for summary judgment and defendants' motion to dismiss, or in the alternative, for summary judgment. Briefs have been submitted and oral argument was heard.
John Louis Mertz is presently an inmate at the New Jersey State Prison Farm at Rahway (Rahway). Warren Pinto is the former superintendent of the Rahway prison. Ernest Waldmeyer is the...
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