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PAYNE v. DAY

No. CIV-77-0300-D.

440 F.Supp. 785 (1977)

Richard PAYNE and Jose Perez, on behalf of themselves and on behalf of 1175 unnamed prisoners similarly situated, Petitioners and Plaintiffs, v. Irl E. DAY, Warden, and on behalf of all others similarly employed by the United States Bureau of Prisons and each Individual collectively, in their respective singular and group capacities, Respondents.

United States District Court, W. D. Oklahoma.

On Motion to Dismiss August 12, 1977.

Attorney(s) appearing for the Case

Richard Payne, pro se.

Jose Perez, pro se.

John E. Green, Acting U.S. Atty. by William S. Price, Asst. U.S. Atty., Oklahoma City, Okl., for respondents.

ORDER

DAUGHERTY, Chief Judge.

The above-named petitioners have filed a series of pleadings with the court enumerating various complaints. Apparently the essential basis of their claim for relief and the one upon which they intend to rely is stated in the "Traverse":

"Petitioners" two principle arguments are that the respondents are violating prisoners' Constitutional rights by (1) Lodging prisoners in cells containing two men where the...

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