Allen Leroy Anderson, Plaintiff-appellant, v. Olin G. Blackwell, Warden, Chief Medical Officer Segal, Asst. Chief Medical Officer Spivey, Defendants-appellees, 428 F.2d 879 (5th Cir. 1970)

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US Court of Appeals for the Fifth Circuit - 428 F.2d 879 (5th Cir. 1970) June 23, 1970

Allen L. Anderson, in pro. per.

John W. Stokes, Jr., U. S. Atty., Allen I. Hirsch, Asst. U. S. Atty., Atlanta, Ga., for defendants-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


It is appropriate to dispose of this pro se case summarily, pursuant to this Court's local Rule 9(c) (2), appellant having failed to file a brief within the time fixed by Rule 31, Federal Rules of Appellate Procedure, Kimbrough v. Beto, Director, 5th Cir. 1969, 412 F.2d 981.

This is an appeal by an inmate of the United States Penitentiary at Atlanta. He petitioned for declaratory and injunctive relief to stop all administrative and other official functions at the prison, and for the appointment of an administrator to investigate inhumane treatment which he allegedly had received from certain prison officials.

The district court held that it lacked jurisdiction to grant the relief sought, and dismissed the petition. The ruling was clearly correct, and it is hereby affirmed.