MALONE v. BUTTS

No. 48A02-1203-MI-228.

974 N.E.2d 1025 (2012)

Lavelle MALONE, Appellant-Petitioner, v. Keith BUTTS and Bruce Lemmon, Appellees-Respondents.

Court of Appeals of Indiana.

September 19, 2012.


Attorney(s) appearing for the Case

Lavelle Malone, Pendleton, IN, Appellant Pro Se.

Gregory F. Zoeller , Attorney General of Indiana, Janine Steck Huffman , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

BROWN, Judge.

Lavelle Malone, pro se, appeals from the trial court's order granting a motion to dismiss filed by Keith Butts, Superintendent of the Pendleton Correctional Facility and Bruce Lemmon, Commissioner of the Indiana Department of Correction (collectively, the "DOC"). Malone raises one issue which we revise and restate as whether the court erred in dismissing his Action for Mandate for failure to state a claim upon which relief can...

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