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BATES v. WESTERVELT

No. 79 Civ. 1907.

502 F.Supp. 94 (1980)

William BATES a/k/a Benjamin S. McKinnon, Jr., Plaintiff, v. Robert WESTERVELT, New York City Department of Correction, Defendants.

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

August 26, 1980.

Attorney(s) appearing for the Case

William Bates, pro se.

Law Office of Richard Hartman by Peter J. Sherman, New York City, for defendant, Robert Westervelt.

Allen G. Schwartz, Corp. Counsel by Jeffrey M. Klein, New York City, for defendant, New York City Dept. of Correction.

MEMORANDUM OPINION

MOTLEY, District Judge.

Defendants Department of Correction and Police Officer Westervelt move for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, and for dismissal pursuant to Rule 12(b) of the F.R.C.P. Defendants contend that plaintiff William Bates has failed to state a claim upon which relief can be granted and has failed to prosecute his action. The court concludes that plaintiff has not alleged...

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