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GRAVES v. OLGIATI

No. 813, Docket 76-2111.

550 F.2d 1327 (1977)

Warren GRAVES, Plaintiff-Appellant, v. Ennis J. OLGIATI, Chairman of the New York State Board of Parole, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 7, 1977.

Attorney(s) appearing for the Case

Warren Graves, appellant pro se.

Burton Herman, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of N. Y. and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for appellee.

Before KAUFMAN, Chief Judge, and SMITH and MULLIGAN, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

We are once again confronted with a prisoner's appeal from a sua sponte dismissal of the pro se civil rights complaint he filed pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343 in the Northern District of New York.1 While we believe that Judge Port erred in dismissing the action on the ground that it was barred by res judicata, it is nevertheless clear that appellant Warren...

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