SIMMONS v. WAINWRIGHT

No. 72-1533 Summary Calendar.

462 F.2d 1340 (1972)

Peter SIMMONS, Jr., Petitioner-Appellant, v. Louis L. WAINWRIGHT, Director, Division of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 3, 1972.


Attorney(s) appearing for the Case

Peter Simmons, Jr., pro se.

Robert L. Shevin, Atty. Gen., Richard W. Prospect, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.


PER CURIAM:

Simmons has appealed the district court's dismissal of his Civil Rights complaint filed pursuant to 42 U.S.C. § 1983, et seq. We vacate the judgment below and remand for further proceedings.

The appellant is a prisoner of the State of Florida, presently incarcerated at Raiford, Florida. However, he seeks damages arising out of his detention in punitive segregation while an inmate of the Apalachee Correctional Institution at Chattahoochee,...

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