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BREEDEN v. JACKSON

No. 71-1400.

457 F.2d 578 (1972)

Nathan BREEDEN, Appellant, v. Hunter P. JACKSON, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 21, 1972.

Rehearing Denied May 11, 1972.

Attorney(s) appearing for the Case

Harvey E. Bines, Charlottesville, Va., Court-appointed counsel, for appellant.

William P. Robinson, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen. of Virginia, on brief), for appellee.

Before CRAVEN and RUSSELL, Circuit Judges, and CHAPMAN, District Judge.

Rehearing En Banc Denied May 11, 1972.

RUSSELL, Circuit Judge:

Petitioner was a Virginia State prisoner. Claiming threats of bodily harm, he was transferred at his own request from the general prison population to maximum security.1 Since his transfer was by his own request, and since the prison authorities found no verification of the threat, petitioner was free to leave maximum security. He, however, chose to remain but filed...

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