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Senator Edward Kennedy — Part 23
Page 153
153 / 249
the plaintiff, or a deprivation of plaintiff's right to counsel, without
supporting factual allegations, have been dismissed. Frankos v.
LaVallee, supra.
A dismissal is similarly warranted in the instant
case. Allofplaintiffs' charges are conclusory in nature and without
any supporting factual allegations. Plaintiff has not described one
specific action taken by defendant. Defendant Morgenthau has no
power over the federal mails and doubtless no possible power over
electro-cosmic controlled bio-feedback implants.
Plaintiff brought almost exactly the same complaint,
without naming Robert Morgenthau as a defendant, in two suits in
the Eastern District of New York. Both complaints were dismissed
for failure to state a course of action. The conclusions of Judges
Platt and Dooling in those cases are clearly applicable here:
The statements and facts alleged in plain-
tiff's complaint, as amended, are of course
such that there is substantial question as to
whether they might even be theoretically
possible, much less rationally probable...
It is apparent from a reading of plaintiff's
complaint that it does not set forth charges
to which defendants can intelligently respond.
Even assuming the existence of some sort
of conspiracy among the defendants, thereis,
for example, no description of the role played
in it by any defendant. Nor does plaintiff
say how the ends of the conspiracy were
brought about. The origin of the conspiracy
is not discussed, nor are the hardships and
damage referred to by plaintiff even specifi-
cally described...The complaint in this ac-
‘tion fails to state a claim upon which relief
can be granted. (See attached Exhibit A, De-
cision of Judge PLATT dismissing Carter
v. Strachem et al., 75 Civ. 1132, March 8,
1976, pp. 3,4,8). ,
-4-~
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