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603 F.2d 586

Docket No. 78-2468

Hurst v. Blackburn

Fifth Circuit Court of Appeals

Decided Sept. 26, 1979.

Fifth Circuit Court of Appeals · decided 1979-09-26

Cited by 1 later decisions — most recently September 1979

1 federal appellate ·

2 counsel of record

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Mitchell v. Beaubouef · Thomas Wayne Hurst v. C. Paul Phelps

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1979-09-26

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¶1Summary Calendar.*

¶2Thomas Wayne Hurst, pro se.

¶3J. Marvin Montgomery, Asst. Atty. Gen., Baton Rouge, La., for respondent-appellee.

¶4Before GOLDBERG, RONEY and TJO-FLAT, Circuit Judges.

¶6PER CURIAM;

¶7Thomas 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).

¶8We, 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.

¶9VACATED and REMANDED.

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