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STILTNER v. RHAY

No. 18397.

322 F.2d 314 (1963)

Douglas STILTNER, Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Walla Walla, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

September 9, 1963.

Attorney(s) appearing for the Case

Douglas Stiltner, in pro. per.

John J. O'Connell, Atty. Gen., and Ralph Olson, Asst. Atty. Gen., for State of Washington, Olympia, Wash., for appellee.

Before MADDEN, Judge of the Court of Claims, and HAMLEY and BROWNING, Circuit Judges.

BROWNING, Circuit Judge.

1. "There is no federally protected right of a state prisoner not to work while imprisoned after conviction, even though that conviction is being appealed" (Draper v. Rhay, 315 F.2d 193, 197 (9th Cir. 1963)); and since appellant alleged no more the District Court properly dismissed his action under the Civil Rights Act (42 U.S.C.A. § 1983).

No reversible error is presented by the denial of appellant...

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