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LINDSAY v. MITCHELL

No. 71-3213 Summary Calendar.

455 F.2d 917 (1972)

Melvin LINDSAY, Petitioner-Appellant, v. John N. MITCHELL, United States Attorney General, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

February 25, 1972.

Attorney(s) appearing for the Case

Melvin Lindsay, pro se.

John N. Mitchell, Atty. Gen., Dept. of Justice, Washington, D. C., John W. Stokes, Jr., U. S. Atty., Charles A. Pannell, Jr., William P. Gaffney, Asst. U. S. Atty., Atlanta, Ga., for respondents-appellees.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

Lindsay, a federal prisoner, appeals from the denial of his pro se petition for writ of habeas corpus against the AttorneyGeneral of the United States and the warden of the United States Penitentiary at Atlanta, Georgia. The District Court treated the petition as one for writ of mandamus.

Appellant alleges that his transfer to the federal penitentiary at Atlanta, Georgia, from the Lewisburg, Pennsylvania, penitentiary is cruel and unusual punishment...

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