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CAVINESS v. SOMERS

No. 7192.

235 F.2d 455 (1956)

James I. CAVINESS v. William B. SOMERS, United States Marshal for Middle District of North Carolina, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 18, 1956.

Attorney(s) appearing for the Case

James I. Coviness, pro se, on brief.

H. Vernon Hart, Asst. U. S. Atty., Greensboro, N. C. (Edwin M. Stanley, U. S. Atty., Greensboro, N. C., on brief), for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and MOORE, District Judge.

PER CURIAM.

This is an appeal from an order denying a petition by a prisoner to be allowed to prosecute in forma pauperis an action for damages against a United States Marshal for alleged mistreatment while confined in a county jail. The petition to be allowed to proceed in forma pauperis was denied on the ground that there was "no merit whatever in petitioner's alleged cause of action" and that "the institution of the suit would be frivolous and utterly without merit...

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