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MAWHINNEY v. HENDERSON

No. 1238, Docket 76-2028.

542 F.2d 1 (1976)

Nevin MAWHINNEY, Appellant, v. Robert J. HENDERSON, Superintendent, Peter Preiser, Commissioner of Corrections, and Norris, Lieutenant, Appellees.

United States Court of Appeals, Second Circuit.

Decided August 30, 1976.

Attorney(s) appearing for the Case

Ellen J. Winner, The Legal Aid Society, New York City (William E. Hellerstein, New York City, of counsel), for plaintiff-appellant.

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

Before WATERMAN and MESKILL, Circuit Judges, and BARTELS, District Judge.

MESKILL, Circuit Judge:

State prisoner Nevin Mawhinney appeals from a summary dismissal prior to service of summons and answer1 by the United States District Court for the Northern District of New York, Foley, J., of his pro se civil rights complaint, 42 U.S.C. §§ 1981-1983, which alleged that he was denied access to religious services while in punitive segregation, that he was...

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