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STAMPS-BEY v. THOMAS

No. 83 Civ. 1220 (RWS).

618 F.Supp. 1122 (1985)

Reginald D. STAMPS-BEY, Plaintiff, v. Dale THOMAS, Warden; Leonard W. Graves, Associate Warden; W. Stephen Harmison, Unit Manager; John Sanders, Unit Counselor, Defendants.

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

September 20, 1985.

Attorney(s) appearing for the Case

John P. Cooney, Jr., George B. Newhouse, Jr. and Felicia A. Mennin, New York City, for plaintiff.

Rudolph W. Giuliani, U.S. Atty. for Southern Dist. of New York, New York City (Robert W. Gaffry, Asst. U.S. Atty., New York City, of counsel), for defendants.

OPINION

SWEET, District Judge.

Defendants Dale Thomas ("Thomas"), Leonard W. Graves ("Graves"), W. Stephen Harrison ("Harrison") and John Sanders ("Sanders"), officials at the Metropolitan Correctional Center ("MCC") in New York, have moved pursuant to Fed.R.Civ.P. 12(b)(6) and 56 for an order dismissing the amended complaint of plaintiff Reginald D. Stamps-Bey ("Stamps-Bey") for failure to state a claim upon which relief can be granted or, in the alternative...

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