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GRIFFITH v. NORTH CAROLINA DEPARTMENT OF CORRECTION

No. COA08-966.

675 S.E.2d 72 (2009)

Joseph Michael GRIFFITH, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF CORRECTION, Mr. Theodis Beck, and Mr. Boyd Bennett, Defendants.

Court of Appeals of North Carolina.

April 7, 2009.

Attorney(s) appearing for the Case

Joseph Michael Griffith, Pro se, plaintiff-appellant.

Attorney General Roy A. Cooper, III, by Assistant Attorney General Yvonne B. Ricci, for defendants-appellees.

JACKSON, Judge.

Joseph Michael Griffith ("plaintiff") appeals the dismissal of his civil action in forma pauperis against the North Carolina Department of Correction ("DOC"), Theodis Beck, and Boyd Bennett (collectively "defendants"). For the reasons stated below, we reverse and remand.

Plaintiff is an inmate in the care and custody of defendants. On or about 19 June 2008, he filed a petition to sue as an...

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