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MILBURN v. FOGG

No. 74 Civ. 5298-LFM.

393 F.Supp. 1164 (1975)

Louis MILBURN, Plaintiff, v. Walter FOGG, Deputy Superintendent, Green Haven Correctional Facility, Stormville, New York, Defendant.

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

May 7, 1975.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Atty. Gen. of N. Y., for defendant; David L. Birch, Deputy Asst. Atty. Gen., of counsel.

Louis Milburn, pro se.

OPINION

MacMAHON, District Judge.

Defendant Walter Fogg, Deputy Superintendent of Green Haven Correctional Facility, Stormville, N. Y., moves under Rule 12(b)(6), Fed.R.Civ.P., to dismiss the complaint for legal insufficiency.

Plaintiff pro se, Louis Milburn, presently confined in Green Haven Correctional Facility, is serving a term of from twenty years to life for first degree possession of dangerous drugs. He brings this civil rights action, pursuant...

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