BELL v. OSWALD

No. 68 Civ. 5190.

305 F.Supp. 878 (1969)

Calvin BELL, Plaintiff, v. Russell G. OSWALD, Chairman of the New York State Parole Board and Harold W. Follette, Warden, Green Haven Prison, Stormville, New York, Defendants.

United States District Court S. D. New York.

November 18, 1969.


Attorney(s) appearing for the Case

Calvin Bell, pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, by Barton R. Sadowsky, Asst. Atty. Gen., New York City, for defendants.


CANNELLA, District Judge.

Defendants move pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure to dismiss the complaint for failure to state a claim upon which relief can be granted. Since matters outside the pleadings have been presented to the court, the motion will be treated as one for summary judgment pursuant to Rule 56. The motion is granted, and the complaint is dismissed.

Plaintiff brings this action pursuant to the Civil Rights Act...

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