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BRYANT v. MILLER

Civ. No. 84-1207.

637 F.Supp. 226 (1984)

Billie Austin BRYANT, Plaintiff, v. G.H. MILLER, Warden, et al. Defendants.

United States District Court, M.D. Pennsylvania.

October 24, 1984.

Attorney(s) appearing for the Case

Billie Austin Bryant, pro se.

Carlon M. O'Malley, Jr., U.S. Atty's Office, Scranton, Pa., for defendants.

MEMORANDUM AND ORDER

CONABOY, District Judge.

We have received the Report of Magistrate Raymond J. Durkin dated October 4, 1984. While Plaintiff Bryant styles his complaint as a habeas corpus action, Magistrate Durkin has correctly concluded that it would be more properly brought under 28 U.S.C. § 1331. Since Plaintiff's complaint does not allege that he is in custody in violation of the Constitution, laws or treaties of the United States,

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