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RASBERRY v. SPRADLING

No. 77-1969 Summary Calendar.

558 F.2d 257 (1977)

Robert RASBERRY, Plaintiff-Appellant, v. David SPRADLING, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 26, 1977.

Attorney(s) appearing for the Case

Sam F. Baxter, Dist. Atty., Harrison County, Marshall, Tex., for defendants-appellees.

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.

PER CURIAM:

This is a § 1983 prisoner civil rights case. Rather than ruling on the sufficiency of the complaint under standards of Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), the court referred the matter to a Magistrate who made an independent, ex parte factual investigation, including interviews of one or more witnesses.

The Magistrate concluded that plaintiff could not prove any set of...

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