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McCRAY v. STATE OF MARYLAND

No. 71-1333.

456 F.2d 1 (1972)

Milton McCRAY, Appellant, v. STATE OF MARYLAND, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 29, 1972.

Attorney(s) appearing for the Case

Milton McCray, pro se.

Francis B. Burch, Alfred J. O'Ferrall, III, Donald R. Stutman, Baltimore, Md., for appellee.

Before SOBELOFF and BRYAN, Senior Circuit Judges, and WINTER, Circuit Judge.

SOBELOFF, Senior Circuit Judge:

Plaintiff, a Maryland prisoner, brought this action under 42 U.S.C. § 1983 against John B. Rutherford, Clerk of the Baltimore City Court, alleging that Rutherford's negligence impeded the filing of his petition for state post-conviction relief.

The court is here limited to deciding whether the complaint states a cause of action. For this purpose, we must accept plaintiff's allegations as true. Boddie v. Connecticut,

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