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MILTON v. NELSON

No. 74-1686.

527 F.2d 1158 (1976)

Johnny X. MILTON, Appellant, v. Louis S. NELSON et al., Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended February 2, 1976.

Attorney(s) appearing for the Case

Athearn, Chandler & Hoffman, San Francisco, Cal., for appellant.

Evelle J. Younger, Atty. Gen., San Francisco, Cal., for appellees.

Before MERRILL and KENNEDY, Circuit Judges, and ENRIGHT, District Judge.

OPINION

ENRIGHT, District Judge:

This is an appeal from an order of the district court dismissing appellant's complaint as frivolous, 28 U.S.C. § 1915(d), and for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6). We affirm.

Appellant Milton is a California state prisoner. While in San Quentin, he had been allowed to acquire approximately 63 paperback books valued at $167.28. Upon his transfer to Deuel Vocational...

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