BAYRON v. TRUDEAU

No. 688, Docket 82-2223.

702 F.2d 43 (1983)

Victor BAYRON, Petitioner-Appellant, v. Correctional Officer TRUDEAU and Correctional Counselor G. Petrushun, Individually and In Their Official Capacities, et al., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 25, 1983.


Attorney(s) appearing for the Case

Victor Bayron, pro se.

Before FEINBERG, Chief Judge, and CARDAMONE and DAVIS, Circuit Judges.


FEINBERG, Chief Judge:

Victor Bayron, a prisoner at Clinton Correctional Facility, appeals pro se from a judgment of the United States District Court for the Northern District of New York dismissing sua sponte and without service of process Bayron's complaint under 42 U.S.C. § 1983. Because the dismissal of the complaint was premature, the judgment of the district court is vacated and the case is remanded for the service of process and further proceedings.

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