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CUNNINGHAM v. WARD

No. 377, Docket 76-2068.

546 F.2d 481 (1976)

Elmore CUNNINGHAM et al., Appellants, v. Benjamin WARD, Commissioner, New York State Department of Correctional Services and Robert J. Henderson, Superintendent, Auburn Correctional Facility, and their subordinate employees, Appellees.

United States Court of Appeals, Second Circuit.

Decided December 1, 1976.

Attorney(s) appearing for the Case

Stephen M. Latimer, New York City (Michael C. Fahey, Acting Project Director, Bronx Legal Services Corp., New York City, of counsel), for appellants.

David Birch, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for appellees.

Before SMITH, OAKES and TIMBERS, Circuit Judges.

PER CURIAM:

This is yet another in a succession of cases1 from the United States District Court for the Northern District of New York which comes to us after a sua sponte dismissal of pro se prisoners' complaints. After Lewis v. State of New York, No. 76-2061, 547 F.2d 4 (2d Cir. 1976), we do not need to restate the considerations leading to our determination that dismissal of a nonfrivolous claim...

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