Opinion

Gallagher v. Pennsylvania Board of Probation & Parole

287 F. Supp. 610
1968 U.S. Dist. LEXIS 9506

Court: District Court, E.D. Pennsylvania
Filed: Mar 18, 1968
Status: Published
Author: Fullam
On the bench: Fullam
Cited by: 1 cases
Authority: More cited than 59.6%

The opinion

MEMORANDUM

FULLAM, District Judge.

The named defendant is not a “person” within the meaning of 42 U.S. C.A. § 1983, and may not be sued thereunder. Williams v. Craven, 273 F.Supp. 649 (C.D.Calif.1967); Taylor v. Penn *611 sylvania Board of Parole, 263 F.Supp. 450 (M.D.Pa.1967).

The allegations of the complaint are insufficient to raise any issue of constitutional dimension. Moreover, the plaintiff made similar allegations in his petition for habeas corpus, but failed to produce any evidence to support the charges (Misc. No. 3530).

For the foregoing reasons, plaintiff’s petition for leave to proceed in forma pau/peris, and petition for the appointment of counsel, will be denied.

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