Legal Opinion
Bailey v. Beto
District Court, S.D. Texas
Decided April 14, 1970No. Civ. A. No. 70-H-357Published
1Opinion of the Court
MEMORANDUM AND ORDER:
NOEL, District Judge.
Plaintiff, a prisoner in state custody, brought this suit for damages and injunctive relief, complaining of certain conduct by defendant prison officials. He requests leave to file his petition in forma pauperis. His motion to file in forma pauperis is granted as to proceedings in this Court only.1
The petition fails to state a federal claim for relief. Carswell v. Wainwright, 413 F.2d 1044 (5th Cir. 1969) (per curiam); Granville v. Hunt, 411 F.2d 9 (5th Cir. 1969).
Alternatively, assuming arguendo that the petition states a federally cognizable claim,…
2Cases cited6 opinions
- Reetz v. BozanichSupreme Court of the United States · 1970
- City of Meridian v. Southern Bell Telephone & Telegraph Co.Supreme Court of the United States · 1959
- A. D. Granville v. W. B. HuntCourt of Appeals for the Fifth Circuit · 1969
- Dean Rene Peters v. Jack T. Rutledge, Sheriff and Jailer of Muscogee County, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
- Henry J. Carswell v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1969
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