Legal Opinion
Thomas v. Cuyler
District Court, E.D. Pennsylvania
Decided March 26, 1979No. Civ. A. 78-1034PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BECHTLE, District Judge.
Presently before the Court is the motion of defendant Julius T. Cuyler (“Cuyler”) to dismiss for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), and for failure to state a claim upon which relief can be granted, pursuant to Fed.R. Civ.P. 12(b)(6). 1 For the reasons stated below, the motion will be granted. The plaintiff’s claims for declaratory and injunctive relief will be dismissed without prejudice to refile them pursuant to 28 U.S.C. § 2254 subsequent to exhaustion of his available state remedies, and the plaintiff’s…
2Cases cited7 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- John Fulford v. Frank Klein, Etc., Etc.Court of Appeals for the Fifth Circuit · 1976
- John Fulford v. Frank Klein, Etc., Etc.Court of Appeals for the Fifth Circuit · 1977
- Wallace v. HewittDistrict Court, M.D. Pennsylvania · 1976
- Parson v. KeveDistrict Court, D. Delaware · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wright v. CuylerCourt of Appeals for the Third Circuit · 1980
- Riley v. KayeDistrict Court, D. New Jersey · 1987
- Wright, Thomas v. Cuyler, Julius T., Individually and in His Official Capacity as Superintendent of the State Correctional Institution at Graterford, Wright, Thomas v. Robinson, William B., Commissioner of the Bureau of Corrections of the Commonwealth of Pennsylvania Cuyler, Julius T., Superintendent of the State Correctional Institution at Graterford, Pa. Sims, Daniel T., Deputy Superintendent of Treatment of the State Correctional Institution at Graterford, Pa. Reid, Lawrence, Director of Treatment of the State Correctional Institution at Graterford, Pa.Court of Appeals for the Third Circuit · 1980