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GREGORY v. NUNN

No. 89-1813.

895 F.2d 413 (1990)

Johnny Lee GREGORY, Plaintiff-Appellant, v. John L. NUNN, Director, Adult Authority Indiana Department of Corrections, Jack R. Duckworth, Warden, Charles Atkins, Associate Warden, Frank Craig, Captain, Don Strong, Sergeant, Jane Doe, Secretary to Warden, D.L. Ballard, Correction Officer, D. Bonner, Counselor and J. Fisher, Counselor, Indiana State Prison, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 12, 1990.

Attorney(s) appearing for the Case

Johnny L. Gregory, Michigan City, Ind., pro se.

David A. Nowak, Office of the Atty. Gen., Indianapolis, Ind., for defendants-appellees.

Before BAUER, Chief Judge, CUDAHY and POSNER, Circuit Judges.

PER CURIAM.

Johnny Lee Gregory appeals the dismissal of his 42 U.S.C. § 1983 claim pursuant to Fed.R.Civ.P. 12(b)(6). We reverse and remand.

I.

Gregory, a prisoner incarcerated in Indiana State Prison (Michigan City), filed his initial complaint on April 28, 1988, alleging violations of his first, eighth, and fourteenth amendment (due process) rights. He claimed that "legal papers and documents were accepted, and lost, by institutional staff...

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