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GARNER v. RAULSTON

No. 18376.

390 F.2d 644 (1968)

Ralph Marshall GARNER, Plaintiff-Appellant, v. Sam Polk RAULSTON, Judge of the Eighteenth Circuit, Second Division, of the State of Tennessee, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

February 13, 1968.

Attorney(s) appearing for the Case

Ralph Marshall Garner in pro. per.

James C. Dale, III, Special Counsel for Tennessee, Nashville, Tenn., for appellee.

Before WEICK, Chief Judge, and O'SULLIVAN and PHILLIPS, Circuit Judges.

PER CURIAM.

Appellant filed a complaint seeking damages against the State Circuit Judge who imposed the sentence which appellant is now serving in the Tennessee State Penitentiary. It appears upon the face of the complaint that the sentence which was imposed upon appellant in the State Court constitutes the basis of the allegations against the defendant judge.

District Judge Frank W. Wilson dismissed the suit as frivolous on its face, saying:

"It...

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