Gill v. Anderson
Gill v. Anderson
Opinion of the Court
SUMMARY ORDER
IN CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be and it hereby is VACATED and the matter REMANDED.
Petitioner appeals from a judgment of the United States District Court for the Northern District of New York granting defendants’ motion pursuant to Fed.R.Civ.P. 12(b)(6) and dismissing the complaint. Anthony Gill, an inmate in the custody of the New York State Department of Corrections, alleges an unconstitutional search of documents in his electronic typewriter, a retaliatory transfer, and denial of due process with respect to a thirty day confinement in a double-bunk special housing unit cell.
The district court did not explain the factual findings or legal grounds forming
Accordingly, we vacate the judgment and remand for reconsideration.
Reference
- Full Case Name
- Anthony G. GILL v. Kathleen ANDERSON, Computer Teacher, Franklin Correctional Facility, Lt. Cayea, Lieutenant, Franklin Correctional Facility, Tom Morton, Correctional Officer, Franklin Correctional Facility, Ken Snyder, Senior Correctional Counselor, Franklin Correctional Facility, F.J. Guerin, Lieutenant, Franklin Correctional Facility, M.G. Parrott, Deputy Superintendent of Security, Franklin Correctional Facility, C.F. Dufrain, Superintendent, Franklin Correctional Facility, Glenn S. Goord, Commissioner
- Status
- Published