ORDER
DOYLE, District Judge.
This is a civil action in which plaintiff seeks an order requiring defendant to hold a hearing to consider his eligibility for parole. Subject matter jurisdiction is predicated upon 28 U.S.C. § 1361 (1970). Defendant has moved pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, to dismiss for failure to state a claim and in the alternative pursuant to Rule 56 for summary judgment. On the basis of the affidavits...
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