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FINLEY v. STATON

No. 76-2631. Summary Calendar.

542 F.2d 250 (1976)

Frank James FINLEY, Plaintiff-Appellant, v. Thomas F. STATON, Chairman, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 10, 1976.

Attorney(s) appearing for the Case

Frank James Finley, pro se.

William J. Baxley, Atty. Gen., G. Daniel Evans, Asst. Atty. Gen., Montgomery, Ala., for defendants-appellees.

Before GODBOLD, DYER and HILL, Circuit Judges.

PER CURIAM:

Finley, an Alabama state prisoner, brought this civil rights action under 42 U.S.C.A. § 1983, against the Alabama Board of Corrections and its Chairman. He alleged a denial of both equal protection and due process of law in the Board's failure to admit him into the Alabama work release program. The district court held that Finley's pro se complaint was frivolous, and dismissed the action without requiring the defendants to answer. Because "[i]t cannot...

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