United States Second Circuit
Pettus v. Morgenthau, 070395
In a complaint by prisoner-plaintiff challenging various aspects of the procedures that resulted in his confinement at a state correctional facility, denial of plaintiff's request to proceed in forma pauperis and dismissal of complaint are affirmed where: 1) plaintiff failed to allege that defendant-commissioner of the correctional facility was personally responsible for the conditions at the correctional facility, thus preventing plaintiff from obtaining money damages from defendant, which was the only form of relief sought; and 2) complaint failed to state claim upon which relief could be granted.
Appellate Information
- Decided 01/28/2009
- Published 01/28/2009
Judges
Court
- United States Second Circuit