WYATT, District Judge.
This is a motion by defendant Esperdy to dismiss the action (a) under Fed.R. Civ.P. 12(b) (1) for lack of jurisdiction over the subject matter and (b) under Fed.R.Civ.P. 12 (b) (6) for failure to state a claim upon which relief can be granted.
Masucci, who commenced this action, is at Green Haven Prison at Stormville in Dutchess County in the custody of the penal authorities of New York. He is apparently now serving a sentence imposed...
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