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RUSSELL v. BODNER

No. 72-1788.

489 F.2d 280 (1973)

Herman RUSSELL, Appellant, v. Joseph BODNER, Security Officer of the State Correctional Facility at Pittsburgh, Pennsylvania et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided May 29, 1973.

Attorney(s) appearing for the Case

Herman Russell, pro se.

J. Shane Creamer, Atty. Gen., Donetta W. Ambrose, Asst. Atty. Gen., Frederick N. Frank, Dept. of Justice, Harrisburg, Pa., for appellees.

Before ADAMS and GIBBONS, Circuit Judges, and LORD, District Judge.

PER CURIAM.

This is an appeal from an order dismissing as frivolous a pro se in forma pauperis prisoner Civil Rights Act complaint, after filing, but before the service of process or of any responsive pleading or motion. The complaint alleges that the defendant, a guard at the State Correctional Institution at Pittsburgh, Pennsylvania, entered the plaintiff's cell and took some food. When plaintiff questioned the defendant's authority to do so defendant responded...

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