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ENNIS v. DASOVICK

Civ. No. 920339.

506 N.W.2d 386 (1993)

Edward ENNIS, individually and on behalf of all others similarly situated, Plaintiff and Appellant, v. Mary DASOVICK, Medical Director, North Dakota State Penitentiary; Jeanne Folmer, Clerk, North Dakota State Penitentiary; Timothy Schuetzle, Warden, North Dakota State Penitentiary; and Elaine Little, Director, Department of Corrections and Rehabilitation, State of North Dakota; and other unknown parties; individually and in their official capacities, Defendants and Appellees.

Supreme Court of North Dakota.

September 9, 1993.

Attorney(s) appearing for the Case

Edward Ennis, pro se.

Jean R. Mullen, Asst. Atty. Gen., Atty. Gen. Office, Bismarck, for defendants and appellees.

SANDSTROM, Justice.

Edward Ennis's glasses are broken. He is an inmate at the State Penitentiary and wants the State to buy him a new pair. Seeking new glasses, Ennis brought a civil rights action on behalf of himself and "all others similarly situated." He sued the director of corrections, the warden, the medical director, a medical records clerk and "other unknown parties." Under Rule 12(b), N.D.R.Civ.P., the district court, on its own motion, dismissed Ennis's...

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