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MINNS v. PAUL

No. 75-1427.

542 F.2d 899 (1976)

E. George MINNS, Jr., Individually and on behalf of others similarly situated, Appellant, v. John Gray PAUL, Jr., Individually and in his official capacity as court-appointed attorney to Harrisonburg Correctional Field Unit No. 8, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 9, 1976.

Attorney(s) appearing for the Case

D. Edward Wilson, Jr., Third Year Law Student (Michael E. Geltner, Washington, D. C. [court-appointed counsel], on brief), for appellant.

John Gray Paul, Jr., pro se.

Before HAYNSWORTH, Chief Judge, and WINTER and WIDENER, Circuit Judges.

WINTER, Circuit Judge:

E. George Minns, Jr., a Virginia state prisoner, brought this action under 42 U.S.C. § 1983 (1970), alleging that John Gray Paul, Jr., his court-appointed attorney, while acting under color of state law, deprived Minns of constitutional rights secured by the fourteenth amendment, in that Paul failed to respond to Minns' requests for legal help in preparing a petition for a writ of habeas corpus. The district court sustained a motion to...

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