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NEARY v. DUGGER

No. 83-3711.

766 F.2d 456 (1985)

Jack J. NEARY, No. 059129, Plaintiff-Appellant, v. R.L. DUGGER, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 22, 1985.

Attorney(s) appearing for the Case

Eugene F. Murphy, Jacksonville, Fla., for plaintiff-appellant.

Jason Vail, Atty. Gen., Tallahassee, Fla., for defendants-appellees.

Before GODBOLD, Chief Judge, TJOFLAT, Circuit Judge, and SIMPSON, Senior Circuit Judge.

GODBOLD, Chief Judge:

Appellant Neary, a Florida inmate, filed this § 1983 action pro se and in forma pauperis, alleging that state correction officers seized and disposed of his personal property after a search for weapons. The district court dismissed the complaint under 28 U.S.C. § 1915(d). We reverse.

Section 1915(d) authorizes a court to dismiss an in forma pauperis action if it is satisfied that the action is "frivolous." The district court...

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