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LOTT v. DALSHEIM

No. 78 Civ. 955 (MEL).

474 F.Supp. 897 (1979)

Frank LOTT, Petitioner, v. Stephen DALSHEIM, Superintendent, Ossining Correctional Facility, and Edward Hammock, Chairman, New York State Board of Parole, Respondents.

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

August 9, 1979.

Attorney(s) appearing for the Case

Bronx Legal Services, Corp. C., New York City, for petitioner; Lloyd B. Silverman, New York City, Project Director, Elizabeth L. Koob, James S. Braude, New York City, of counsel.

Robert Abrams, Atty. Gen., New York City, for respondents; Patricia C. Armstrong, Asst. Atty. Gen., New York City, of counsel.

LASKER, District Judge.

In her Report of February 9, 1979, Magistrate Gershon recommends that the State's motion to dismiss Lott's habeas petition for failure to exhaust state court remedies, as required by 28 U.S.C. § 2254(b), be granted. The Report also recommends that the State's motion to dismiss Lott's alternate theory of relief under 42 U.S.C. § 1983 for failure to state a claim be denied. Upon consideration of the objections of both parties, the findings...

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