MEMORANDUM OPINION AND ORDER
BAUER, District Judge.
This cause comes on the defendants' motion either to dismiss the complaint or for summary judgment in their favor. The plaintiff is presently incarcerated in the Illinois State Penitentiary, Joliet Branch, Special Programs Unit, pursuant to a conviction by the Circuit Court of Cook County for armed robbery. Plaintiff was sentenced to serve from two to five years in the penitentiary on June 10, 1971.
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