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HURST v. BLACKBURN

No. 78-2468 Summary Calendar.

603 F.2d 586 (1979)

Thomas Wayne HURST, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 26, 1979.

Attorney(s) appearing for the Case

Thomas Wayne Hurst, pro se.

J. Marvin Montgomery, Asst. Atty. Gen., Baton Rouge, La., for respondent-appellee.

Before GOLDBERG, RONEY and TJO-FLAT, Circuit Judges.

PER CURIAM:

Thomas Wayne Hurst, an inmate of the Louisiana State Penitentiary at Angola, filed a pro se complaint in the district court alleging that he was transferred to a maximum security area for arbitrary and capricious reasons and without being granted an evidentiary hearing, in violation of 42 U.S.C.A. § 1983 (1970). His complaint was dismissed pursuant to a procedure this Court reviewed and found deficient in Mitchell v. Beaubouef,

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