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ESSER v. WELLER

No. 71-1980.

467 F.2d 949 (1972)

Robert Harry ESSER, Appellant, v. Walter WELLER (Guard) State Correctional Institution Huntingdon, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided October 6, 1972.

Attorney(s) appearing for the Case

Robert Harry Esser, pro se.

Curtis M. Pontz, Deputy Atty. Gen., Department of Justice, Harrisburg, Pa., for appellee.

Before STALEY, VAN DUSEN and MAX ROSENN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Plaintiff, an inmate at the Huntingdon Correctional Institution, has appealed from an order of the district court dismissing his civil rights action against Walter Weller, a guard, as frivolous and without merit.

The complaint broadly charges, inter alia, that Weller harassed the plaintiff by threatening him; that he caused mental distress by assigning the plaintiff to a cell below the cell of a boisterous

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