603 F2d 586 Hurst v. Blackburn

603 F.2d 586

Thomas Wayne HURST, Petitioner-Appellant,
v.
Frank BLACKBURN, Warden, Louisiana State Penitentiary,
Respondent-Appellee.

No. 78-2468
Summary Calendar.*

United States Court of Appeals,
Fifth Circuit.

Sept. 26, 1979.

Thomas Wayne Hurst, pro se.

J. Marvin Montgomery, Asst. Atty. Gen., Baton Rouge, La., for respondent-appellee.

Appeal from the United States District Court for the Middle District of Louisiana.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.

PER CURIAM:

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1

Thomas Wayne Hurst, an inmate of the Louisiana State Penitentiary at Angola, filed a Pro se complaint in the district court alleging that he was transferred to a maximum security area for arbitrary and capricious reasons and without being granted an evidentiary hearing, in violation of 42 U.S.C.A. § 1983 (1970). His complaint was dismissed pursuant to a procedure this Court reviewed and found deficient in Mitchell v. Beaubouef, 581 F.2d 412 (5th Cir. 1978), Cert. denied, --- U.S. ----, 99 S.Ct. 2416, 60 L.Ed.2d 1072 (1979). See, e. g., Hurst v. Phelps, 579 F.2d 940 (5th Cir. 1978).

2

We, therefore, vacate the dismissal of Hurst's complaint and remand for reconsideration by the district court in light of the procedural dictates set forth in Mitchell v. Beaubouef.

3

VACATED and REMANDED.

*

Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I