MEMORANDUM
MERHIGE, District Judge.
Cecil H. Evans, Jr., an inmate at the Virginia State Penitentiary, proceeding pro se, brings this civil rights action in forma pauperis pursuant to 42 U.S.C. § 1983 (1970). Jurisdiction of the Court is attained under 28 U.S.C. § 1343(3) (1970). Defendant has moved to dismiss the complaint and has submitted with said motion supporting affidavits. Since these affidavits are considered by the Court, defendant's...
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