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ALTIZER v. PADERICK

No. 76-2182.

569 F.2d 812 (1978)

Frank Ervin ALTIZER, Jr., Appellant, v. E. L. PADERICK, Individually and as Superintendent, Virginia State Penitentiary, etc., W. M. Riddle, Individually and as Assistant Superintendent, Virginia State Penitentiary, etc., D. R. Lawson, Individually and as Corrections Officer, Virginia State Penitentiary, etc., H. L. Campbell, Individually and as Corrections Officer, Virginia State Penitentiary, etc., and Corrections Officer Stoufer, Individually and as Corrections Officer, Virginia State Penitentiary, etc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 25, 1978.

Attorney(s) appearing for the Case

Tracy Dunham, Richmond, Va. (Carolyn J. Colville, Colville & Dunham, Richmond, Va., on brief), for appellant.

Patrick A. O'Hare, Asst. Atty. Gen., Richmond, Va. (Anthony F. Troy, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

PER CURIAM:

The appellant a state prisoner, complains that his removal as an inmate counselor by the prison officials, without a fact finding hearing, was violative of his due process rights. The district court dismissed his action and we affirm.

It is well settled that federal courts do not occupy "the role of super wardens of state penal institutions" (Cooper v. Riddle (4th Cir. 1976) 540 F.2d 731, 732), and "do not...

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