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BENITEZ v. WOLFF

No. 1434, Docket 90-2014.

907 F.2d 1293 (1990)

Henry BENITEZ, Plaintiff-Appellant, v. D. WOLFF, J. Kihl, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 28, 1990.

Attorney(s) appearing for the Case

Henry Benitez, Dannemora, N.Y., plaintiff-appellant pro se.

Before MESKILL, WINTER, and PRATT, Circuit Judges.

PER CURIAM:

Henry Benitez, plaintiff pro se, appeals from a judgment of the United States District Court for the Western District of New York, Michael A. Telesca, Chief Judge, dismissing, sua sponte, his § 1983 complaint as frivolous under 28 U.S.C. § 1915. Because the district court misconstrued Benitez's complaint, we reverse and remand.

Benitez is currently incarcerated at Auburn Correctional Facility. On February 27, 1988...

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