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NEAL v. KELLY

No. 90-7071.

963 F.2d 453 (1992)

James H. NEAL, Appellant, v. Sharon Pratt KELLY, Mayor, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1992.

Attorney(s) appearing for the Case

Robert Raben (appointed by the Court as amicus curiae), with whom Geoffrey Aronow, Washington, D.C., was on the brief, for appellant.

James H. Neal was on the brief, pro se.

James C. McKay, Jr., Attorney, Office of Corp. Counsel, Washington, D.C., for appellees. John Payton, Corp. Counsel, Charles L. Reischel, Deputy Corp. Counsel, and Rosalyn Calbert Groce, Asst. Corp. Counsel, Washington, D.C., were on the brief for appellees. Lutz Alexander Prager, Attorney, Office of Corp. Counsel, Washington, D.C., also entered an appearance for appellees.

Before: MIKVA, Chief Judge; and D.H. GINSBURG and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

James H. Neal, a prisoner at Lorton, appeals from a summary judgment dismissing his complaint for civil rights violations under 42 U.S.C. § 1983. Because we conclude that Neal did not receive adequate notice that the matter was before the district court for summary judgment, and because the district court did not treat Neal's verified complaint as an affidavit for summary...

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