Jack McCarty v. R. N. Woodson, Director Kansas Penal Institutions

HOLLOWAY, Circuit Judge.

This appeal follows dismissal of a civil rights action challenging the constitutionality of a Kansas amended regulation governing correspondence, legal materials, assistance and preparation of legal papers in penal institutions. Appellant McCarty alleged that the regulation denies equal protection and due process, among other things, and sought temporary and permanent injunctive relief, a declaratory judgment and the convening of a three-judge court. The trial court refused to give notice for the three-judge tribunal, determined that the action was frivolous, malicious…