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GRAVES v. NORTH DAKOTA STATE PENITENTIARY

No. A1-04-016.

325 F.Supp.2d 1009 (2004)

Anthony Wyatt GRAVES, Plaintiff, v. NORTH DAKOTA STATE PENITENTIARY, Defendant.

United States District Court, D. North Dakota, Northwestern Division.

July 22, 2004.

Attorney(s) appearing for the Case

Anthony Graves, Bismarck, ND, pro se.

Jean R. Mullen, Attorney General's Office, Bismarck, ND, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

HOVLAND, Chief Judge.

Before the Court is the Defendant's Motion to Dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure on May 25, 2004.

I. BACKGROUND

The plaintiff, Anthony Wyatt Graves (Graves), is an inmate at the North Dakota State Penitentiary in Bismarck, North Dakota. In February 2004, Graves lodged a complaint with the Court pursuant to...

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