MEMORANDUM
FOLLMER, District Judge.
Roger F. Duronio, a prisoner at the State Correctional Institution, Huntingdon, Pennsylvania, filed a complaint in forma pauperis, pursuant to 28 U.S.C. § 1343 and 42 U.S.C. § 1983. The defendant filed a Motion to Dismiss and this Court ordered that the Motion be determined on briefs by the parties, under Rule 78 of the Federal Rules of Civil Procedure. Briefs have been submitted and it is this Motion which is...
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