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SHAW v. ESTELLE

No. 76-3205. Summary Calendar.

542 F.2d 954 (1976)

Thomas W. Shaw, Plaintiff-Appellant, v. W. J. ESTELLE, Jr., and R. M. Cousins, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 26, 1976.

Attorney(s) appearing for the Case

Thomas W. Shaw, pro se.

John L. Hill, Atty. Gen., Houston, Tex., Richel Rivers, Asst. Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Joe B. Dibrell, Jr., Asst. Atty. Gen., Chief, Enforce. Div., Austin, Tex., for defendants-appellees.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

Shaw, a Texas prisoner, appeals from the dismissal of his civil rights complaint regarding prison disciplinary procedures. While the suit was pending below, Shaw escaped from custody. Three months and two hearing dates later, the district court dismissed this action without prejudice under Fed.R.Civ.P. 41(b) for failure to prosecute. The court subsequently affirmed that order, denying reinstatement of the action after appellant's recapture. Both orders...

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