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KING v. McGINNIS

No. 68 Civ. 2479.

289 F.Supp. 466 (1968)

William C. KING by (The Rev.) Paul Frampton King, Attorney-In-Fact, Plaintiff, v. Paul D. McGINNIS, Commissioner, New York State Department of Correction, Jack Pulliam and the State of New York, Defendants.

United States District Court S. D. New York.

On Rehearing September 24, 1968.

Attorney(s) appearing for the Case

William C. King, by Paul Frampton King, for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of N. Y., Irving L. Rollins, Asst. Atty. Gen., of counsel for defendants.

MEMORANDUM

POLLACK, District Judge.

The defendants, the Commissioner of the New York State Department of Correction and a Charge Officer at Matteawan State Hospital, Beacon, New York, move to dismiss this civil rights damages action for lack of subject matter jurisdiction and insufficiency of the claim. F.R.Civ.P. 12(b) (1) and (6).

Plaintiff's assertion that he has been illegally confined at Matteawan since 1946 is unsupported by factual allegations...

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