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PHILLIPS v. SINGLETARY

Civ. A. No. 72-109.

350 F.Supp. 297 (1972)

Cecil C. PHILLIPS, Plaintiff, v. Clarence E. SINGLETARY, Judge, et al., Defendants.

United States District Court, D. South Carolina, Columbia Division.

October 13, 1972.

Attorney(s) appearing for the Case

G. Simms McDowell, III, Charleston, S. C., for plaintiff.

Joseph C. Coleman, Asst. Atty. Gen., Columbia, S. C., William Jerry Fedder, Seneca, S. C., Lowell W. Ross, Howard G. Petit, Jr., Walhalla, S. C., H. Grady Kirven, Anderson, S. C., for defendants.

ORDER

BLATT, District Judge.

This matter comes before the court upon the respective defendants' motions to dismiss plaintiff's complaint which was filed on January 24, 1972. This action must be construed as one cognizable, if at all, under 42 U.S.C. § 1983 and/or § 1985(2). The plaintiff was charged with the crime of rape, pled guilty to this charge, and was sentenced in 1965 for a term of 25 years, which sentence he is presently serving. The complaint...

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