HINEY v. WILSON

Docket 75-2097.

520 F.2d 589 (1975)

David J. P. HINEY, Appellant, v. Malcolm WILSON et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided July 2, 1975.


Attorney(s) appearing for the Case

David J. P. Hiney, pro se.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for appellees.

Before KAUFMAN, Chief Judge, and FEINBERG and MANSFIELD, Circuit Judges.


PER CURIAM:

Judge Port dismissed David Hiney's civil rights complaint without a hearing, for failure to exhaust administrative remedies and for failure to state a claim. We believe some guidance from us might be useful to Judge Port upon our remand.

The allegations in the complaint, which we must take as true for the purposes of this appeal, Cooper v. Pate, 378 U.S. 546, 84 S.Ct. 1733, 12 L.Ed.2d 1030 (1964) are briefly...

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