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HARMON v. BERRY

No. 83-7355 Non-Argument Calendar.

728 F.2d 1407 (1984)

Joseph R. HARMON, Plaintiff-Appellant, v. W.C. BERRY and David Morse, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 2, 1984.

Attorney(s) appearing for the Case

Thomas R. Allison, Montgomery, Ala., for defendants-appellees.

Before GODBOLD, Chief Judge, RONEY and TJOFLAT, Circuit Judges.

PER CURIAM:

Joseph Harmon, an Alabama state prisoner incarcerated at Staton Correctional Facility, brings this 42 U.S.C. § 1983 action against the prison warden and a correctional officer. The district court, acting upon a magistrate's recommendation, summarily dismissed the action as frivolous before service on the defendants. We reverse and remand to the district court for further proceedings.

Harmon, proceeding in forma pauperis and pro se, alleged...

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