Blythe v. Ellis

INGRAHAM, District Judge.

Plaintiff, Billy Blythe, an inmate in the Texas Department of Corrections, seeks leave to file a damage suit in forma pauperis against defendant, O. B. Ellis, Director of the Department. No diversity of citizenship exists, for both are Texas citizens. Plaintiff cites no federal statute under which he purports to sue. Although it would seem that there are certain minimum standards of pleading applicable even to laymen, inasmuch as plaintiff is obviously unfamiliar with law, it will be assumed that this suit is brought under 28 U.S.C.A. § 1343(3) and 42 U.S.C.A. § 1983.

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