MILLER v. STANMORE

No. 79-2928.

636 F.2d 986 (1981)

Lillian Willene MILLER and Bobby Joe Miller, Plaintiffs-Appellants, v. Fred STANMORE and Fred A. Frey, Warden, FCI, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

February 9, 1981.


Attorney(s) appearing for the Case

John Buckley, Texarkana, Tex., for plaintiffs-appellants.

Janet Hellmich, Asst. U. S. Atty., Tyler, Tex., for defendants-appellees.

Before INGRAHAM, GEE and TATE, Circuit Judges.


TATE, Circuit Judge:

A pro se complaint filed by a federal prisoner and his wife against federal prison officials was dismissed by the district court for lack of subject matter jurisdiction and for failure to state a cause of action upon which any relief can be granted. The plaintiffs appeal the judgment of dismissal. Finding error in the dismissal on the pleadings, we reverse and remand.

Context Facts

The plaintiff Mrs. Miller was accused...

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