Nilsson v. Coughlin

OPINION

SWEET, District Judge.

Defendants Thomas A. Coughlin III (“Coughlin”), Commissioner of the New York State Department of Correctional Services and Robert H. Kuhlmann (“Kuhlmann”), Superintendent of Sullivan Correctional Facility have moved to dismiss the complaint of pro se plaintiffs Kenneth J. Nilsson (“Nilsson”), Franklin McNair (“McNair”), and Ronnie Dobson (“Dobson”) pursuant to Fed.R.Civ.P. 12(b)(1) and 12(h)(3) for lack of subject matter jurisdiction, and Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The motion was submitted on May 15,1987. Nilsson…