CALE v. PADERICK

No. 75-1360.

546 F.2d 577 (1976)

Franklin D. CALE, Appellant, v. E. L. PADERICK et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 21, 1976.


Attorney(s) appearing for the Case

Stephen C. Price, Fairfax, Va. [court-assigned counsel] (McCandlish, Lillard, Church & Best, Fairfax, Va., on brief), for appellant.

Alan Katz, Asst. Atty. Gen. of Virginia, Richmond, Va. (Andrew P. Miller, Atty. Gen. of Virginia and M. Stuart Bateman, Asst. Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees.

Before CRAVEN, RUSSELL and WIDENER, Circuit Judges.


PER CURIAM.

This civil rights action was brought by a Virginia prisoner pursuant to 42 U.S.C. § 1983, claiming (1) that he was transferred to segregation without due process of law, and (2) that following his conviction on the criminal charge against him, he was not immediately released from segregation into the general population of the penitentiary. After trial the district court dismissed the petition and granted judgment for the defendants. We affirm.

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