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White v. Smith

United States District Court for the Western District of New York
91 F.R.D. 607 (1981)


White (plaintiff), proceeding pro se, filed a civil rights action in a federal district court in New York against Harold Smith, Doris Beitz, Charles Scully, and Edith Almeter (defendants), all employees of the New York State Department of Correctional Services. White alleged that defendants had improperly extradited him to North Carolina while a state habeas corpus challenge to such extradition was pending. White’s complaint detailed the circumstances underlying his claims, including specific names and dates. He also attached various exhibits to the complaint including his detainer, petition for habeas corpus and established hearing date, and extradition papers. The district court granted defendants’ request for additional time to answer White’s complaint, over his objection, on the ground that they needed to look into a possible related lawsuit brought by White in another court. Defendants eventually answered White’s complaint, two months after it was served. The answer, which was short and formulaic, denied generally all of White’s allegations. The district court considered the adequacy of defendants’ answer.

Rule of Law


Holding and Reasoning (Elfvin, J.)

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