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THOMAS v. CUYLER

Civ. A. No. 78-1034.

467 F.Supp. 1000 (1979)

Clayton THOMAS v. Julius T. CUYLER et al., Individually and in his official capacity as superintendent of the State Correctional Institution at Graterford.

United States District Court, E. D. Pennsylvania.

March 26, 1979.

Attorney(s) appearing for the Case

Gerald Bruderle, Philadelphia, Pa., for plaintiff.

Jerry I. Drew, Asst. Atty. Gen., Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the Court is the motion of defendant Julius T. Cuyler ("Cuyler") to dismiss for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), and for failure to state a claim upon which relief can be granted, pursuant to Fed.R. Civ.P. 12(b)(6).1 For the reasons stated below, the motion will be granted. The plaintiff...

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