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MULLEN v. SMITH

No. 83-2347.

738 F.2d 317 (1984)

Dewey M. MULLEN, Jr., Appellant, v. William French SMITH, Attorney General; Norman Carlson, Director of Prisons; T.C. Martin, Warden; J.S. Petrovsky, Warden; S. Hicks, M.D.; Karl L. Albacek, M.D.; ______ Jaworski; M. Maize; ______ Wallace; A. Robles; ______ Boykin; Roy Robinson and Supervisor Safety & Sanitation, et al, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 5, 1984.

Attorney(s) appearing for the Case

Eugene F. De Shazo, Denton & De Shazo, Kansas City, Mo., for appellant.

Robert G. Ulrich, U.S. Atty., David C. Jones, Asst. U.S. Atty., Springfield, Mo., for appellees.

Before HEANEY and JOHN R. GIBSON, Circuit Judges, and HANSON, Senior District Judge.

PER CURIAM.

Dewey Mullen, Jr., filed a pro se complaint alleging cruel and unusual punishment by federal prison officials and personnel in their response to his complaints of back pain following an accident in the Federal Correctional Institution in El Reno, Oklahoma, in violation of the eighth amendment to the United States Constitution. On the recommendation of a magistrate, the district court dismissed the action for failure to state a claim. The court held that...

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