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483 F.2d 57

Docket No. 73-1803

Brackett v. Lambert

Fifth Circuit Court of Appeals

Decided Aug. 23, 1973.

Rehearing Denied Oct. 26, 1973.

Fifth Circuit Court of Appeals · decided 1973-08-23

Cited by 1 later decisions — most recently May 1979

2 counsel of record

Applies 28 U.S.C. § 1291

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Bailey v. Rowan Drilling Co. · Cook v. Eizenman

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1973-08-23

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¶1Summary Calendar.*

¶2*58Thomas C. Brackett, pro se.

¶3William J. Baxley, Atty. Gen., Thomas W. Sorrells, Don C. Dickert, Asst. Attys. Gen., Montgomery, Ala., for defendants-appellees.

¶4Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

¶6PER CURIAM:

¶7This Section 1983 action was brought against various state officials by a federal prisoner currently serving a valid sentence in the Atlanta Penitentiary. A detainer has been lodged with penitentiary officials by the State of Alabama charging Brackett with a violation of the terms of his parole from state custody. Brackett questions the validity of the state detainer and seeks damages and injunctive relief because the Alabama Board of Pardons and Paroles refuse to afford him a parole revocation hearing prior to his release from federal custody. We find no constitutional infirmity in the application to this case of the Alabama statute which provides that such hearings shall be held on the return of the prisoner to state custody. Ala.Code tit. 42, § 12 (1958).

¶8Affirmed.

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