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BLAKE, III, v. GEORGIA DEPARTMENT OF CORRECTIONS

No. 31155.

448 F.2d 744 (1971)

Joseph Willis BLAKE, III, Petitioner-Appellant, v. GEORGIA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 15, 1971.

Attorney(s) appearing for the Case

Peter E. Rindskopf, Atlanta, Ga., Court-appointed, for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., of Ga., Courtney Wilder Stanton, Asst. Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Dorothy T. Beasley, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

In this case the appellant complains of the action of the district court in dismissing his complaint against the Georgia Department of Corrections and a number of individuals. The record indicates that the complaint was never served, no answers were filed and the case was dismissed as frivolous by the district court sua sponte.

The appellant was permitted to proceed in forma pauperis in the district court and in this court. Counsel was appointed...

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