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FIERRO v. MacDOUGAL

No. 80-5045.

685 F.2d 261 (1982)

David FIERRO, Plaintiff-Appellant, v. Ellis C. MacDOUGAL, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1982.

Corrected June 22, 1982.

Rehearing Denied December 15, 1982.

Attorney(s) appearing for the Case

David Fierro, pro se.

Jay R. Akdins, Thomas A. Jacobs, Asst. Attys. Gen., Phoenix, Ariz., for defendant-appellee.

Before POOLE and BOOCHEVER, Circuit Judges and GILLIAM, District Judge.

Majority Opinion see 685 F.2d 441 (Table).

BOOCHEVER, Circuit Judge, dissenting:

Fierro challenged on due process grounds his transfer from the general population of the state prison to "administrative segregation" where he would not receive "good time" credit. I agree with the majority, that the district court properly dismissed Fierro's petition for mandamus because he seeks to have us compel action by a state official...

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