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BLANKS v. CUNNINGHAM

No. 12569.

409 F.2d 220 (1969)

Arden Francis BLANKS, Jr., Appellant, v. W. K. CUNNINGHAM, Jr., etc., and Courtland C. Peyton, Superintendent of the Virginia State Penitentiary, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 11, 1969.

Attorney(s) appearing for the Case

W. Scott Street, III, Richmond, Va., court-appointed counsel (Bremner, Byrne, Baber & Somma, Richmond, Va., on brief), for appellant.

Edward J. White, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, and Reno S. Harp, III, Asst. Atty. Gen. of Virginia, on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BUTZNER, Circuit Judges.

PER CURIAM:

Arden Francis Blanks, Jr., appeals from an order dismissing his petition for a writ of habeas corpus for failure to state a claim upon which relief could be granted. Blanks, a prisoner in the Virginia penitentiary, claims that prison guards have subjected him to punishment that violates the Eighth and Fourteenth Amendments.1

In Landman v. Peyton, 370 F.2d 135...

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