OPINION
JOSEPH S. LORD, III, District Judge.
Plaintiff filed this pro se complaint under the Civil Rights Act of 1871, 42 U.S.C.A. § 1983 (Supp.1970), in August of 1968 seeking a preliminary injunction and damages from the defendant Hendricks, Superintendent of Holmesburg Prison. Plaintiff alleged that the defendant was requiring him to perform physical labor for the general upkeep and maintenance of the prison when he was "untried and unsentenced....
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