CLINE v. HERMAN

No. 79-1160.

601 F.2d 374 (1979)

Roger James CLINE, Appellant, v. Donald HERMAN, United States Marshal, for the District of South Dakota and Two Unknown (Agents) Marshals, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 17, 1979.


Attorney(s) appearing for the Case

Roger James Cline, filed brief pro se.

Robert D. Hiaring, U. S. Atty., Jeffrey L. Viken, Asst. U. S. Atty., and Jeffrey T. Sveen, Clinical Law Intern, Rapid City, S. D., filed brief for appellee.

Before LAY, BRIGHT, and HENLEY, Circuit Judges.


PER CURIAM.

Roger James Cline, a federal prisoner, appeals from the district court's sua sponte dismissal of his complaint prior to service of process. We reverse and remand for further proceedings.

Cline's complaint contains the following allegations which, for present purposes, we deem as true. On October 6, 1977, the district court sentenced Cline to ten years' imprisonment for voluntary manslaughter. In its commitment order, the district court recommended...

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