Williams v. McClain

ORDER

SACHS, District Judge.

Now pending before the Court is defendant’s motion to dismiss and plaintiff’s response thereto.

Defendant contends that plaintiff’s claims are frivolous within the meaning of 28 U.S.C. § 1915(d) (1976) and that plaintiff’s cause of action should be dismissed. To support his motion to dismiss, defendant has attached the Affidavit of defendant David McClain addressing plaintiff’s claims.

Plaintiff’s first allegation is that as a pretrial detainee he was denied telephone calls from December 8, 1987, through December 24, 1987. In his motion to dismiss, defendant states…