Court of Appeals for the Second Circuit August 28, 1990, 997, Docket 89-2310 (Harold Nance v. Walter C. Kelly, Superintendent, Attica Correctional Facility)

GEORGE C. PRATT, Circuit Judge

(dissenting):

I dissent. We should affirm the district judge’s wise dismissal of this in forma pauperis complaint under 28 U.S.C. § 1915(d), because the claim is based on not one, but two “indisputably meritless legal theories].” Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 1835, 104 L.Ed.2d 338 (1989).