Legal Opinion

Martinez v. Shapp

District Court, E.D. Pennsylvania

Decided July 18, 1994No. 94-CV-1794Published

1Opinion of the Court

MEMORANDUM & ORDER

JOYNER, District Judge.

Before the Court is defendants’ motion to dismiss this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff, a prisoner at the Pennsylvania State Correctional Institution at Frackville, brought this action pro se against defendants — a former state governor, the current governor, and the current state attorney general — alleging deprivation of his right to indictment by a grand jury, and seeking declaratory, injunctive, and compensatory relief. Under a local procedural rule, we could grant the motion as uncontested.1…

2Cases cited15 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Albright v. OliverSupreme Court of the United States · 1994
  5. Edelman v. JordanSupreme Court of the United States · 1974

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