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GALLAGHER v. PENNSYLVANIA BD. OF PROBATION & PAROL

March 18, 1968

Owen Leroy GALLAGHER, Plaintiff,
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Harrisburg, Pennsylvania, Defendant



The opinion of the court was delivered by: FULLAM

 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. Pennsylvania 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 pauperis, and petition for the appointment of counsel, will be denied.

19680318

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