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CRUZ v. SIELAFF

No. 91 Civ. 1115.

767 F.Supp. 547 (1991)

Carlos CRUZ, Plaintiff, v. Commissioner Allyn R. SIELAFF, Warden Andrew Phoenix (H.D.M) Rikers Is. Social Service Employee Richard Gorbea, Defendants.

United States District Court, S.D. New York.

July 2, 1991.

Attorney(s) appearing for the Case

Carlos Cruz, pro se.

Victor A. Kovner, Corp. Counsel of City of New York by Mindy R. Koenig, Asst. Corp. Counsel, New York City, for defendants.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendants move pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for dismissal of the complaint for failure to state a claim upon which relief may be granted. Plaintiff Carlos Cruz ("Cruz"), an inmate at Rikers Island, brings this pro se action pursuant to 42 U.S.C. § 1983 (1982) on the ground that defendants violated his constitutional rights by refusing to allow him...

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