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LEON v. HARRIS

No. 79 Civ. 6209 (LFM).

489 F.Supp. 221 (1980)

Huestes LEON, Plaintiff, v. David HARRIS, Superintendent, Green Haven Correctional Facility, Defendant.

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

May 13, 1980.

Attorney(s) appearing for the Case

Huestes Leon, pro se, plaintiff.

Robert Abrams, Atty. Gen., State of New York, by Cobby J. Shereff, New York City, for defendant.

OPINION

MacMAHON, Chief Judge.

Defendant moves to dismiss the complaint for failure to state a claim for relief pursuant to Rule 12(b)(6), Fed.R.Civ.P. Since factual matters outside the pleadings have been presented and considered, we treat the motion as one for summary judgment pursuant to Rule 56(b), Fed.R.Civ.P.

Plaintiff brings this action pro se under 42 U.S.C. § 1983 against the superintendent of Green Haven Correctional Facility. Plaintiff...

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