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Duncan v. Albert E. Driver

filed: January 5, 1987.

WILLIAM DUNCAN, APPELLANT,
v.
ALBERT E. DRIVER, JR.



ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, D.C. Civil No. 85-5355, District Judge: Hon. Robert E. Cowen.

William Duncan appeals from a summary judgment for the defendant in his action under 42 U.S.C. § 1983 against Arthur B. Driver, Jr., Clerk of Mercer County. He claims that the Clerk deprived him of his constitutional right to access to the courts when he returned a petition for habeas corpus with the notation that under N.J.R. 3:22-1 the documents should properly be filed in Essex County, where Duncan was tried and convicted. There are no disputed issues of material fact. Our review is plenary. We hold that the trial court properly entered summary judgment. See, e.g., Bradenburg v. Beaman, 632 F.2d 120 (10th cir. 1980).

19870105

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