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HAYMES v. REGAN

No. 74 Civ. 4150.

394 F.Supp. 711 (1975)

Rodney R. HAYMES, Plaintiff, v. Paul J. REGAN, Commissioner, New York State Parole Board, et ano., Defendants.

United States District Court, S. D. New York.

May 6, 1975.

Attorney(s) appearing for the Case

Mid-Hudson Valley Legal Services Project (Monroe County Legal Assistance Corp.) Poughkeepsie, for plaintiff, by Jane E. Bloom, Poughkeepsie, of counsel.

Louis J. Lefkowitz, Atty. Gen., of N. Y., New York City, for defendant, by David L. Birch, Deputy Asst. Atty. Gen., of counsel.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

This case presents the very interesting but troublesome question of the application of the Supreme Court's holding in Preiser v. Rodriguez (1973) 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439. On defendants' motion to dismiss, we must decide whether this state prisoner's civil rights complaint can be brought pursuant to 42 U.S.C. § 1983 or whether plaintiff's exclusive...

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