STARTZ v. CULLEN

No. 47, Docket 72-1436.

468 F.2d 560 (1972)

Joseph M. STARTZ, Plaintiff-Appellant, v. Dr. James CULLEN et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 30, 1972.


Attorney(s) appearing for the Case

Richard S. Cramer, Hartford, Conn. (Civil Legal Assistance to Prisoners, of counsel), for plaintiff-appellant.

Charles K. Thompson, Asst. Atty. Gen. (Robert K. Killian, Atty. Gen., Hartford, Conn., of counsel), for defendants-appellees.

Before FRIENDLY, Chief Judge, and MEDINA and ANDERSON, Circuit Judges.


PER CURIAM:

Joseph M. Startz, a prisoner at the Correctional Institution at Somers, Connecticut, appeals from an order of the District Court for Connecticut which dismissed his complaint under 42 U.S.C. § 1983 for injunctive relief and damages on the basis of affidavits and without a hearing.

In March 1970, prior to his present imprisonment, Startz suffered a heart attack which was diagnosed as a coronary occlusion with myocardial infarction. In the fall...

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