HURD v. ROMEO

No. 83-1716.

752 F.2d 68 (1985)

Charles Dave HURD v. Officer ROMEO. Appeal of Charles David HURD.

United States Court of Appeals, Third Circuit.

Decided January 7, 1985.


Attorney(s) appearing for the Case

Thomas F. Hurley (Argued), Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellant.

John A. Parkins, Jr. (Argued), Chief of Appeals Div., Deborah A. Blom, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for appellee.

Before GIBBONS and GARTH, Circuit Judges, and TEITELBAUM, District Judge.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

Charles David Hurd, an inmate at the Gander Hill Prison in Wilmington, Delaware, appeals from an order of the district court, approving the recommendation of a magistrate that his complaint against Officer Romeo, a prison guard, be dismissed without issuance of process. Following his appeal from that order, this court appointed counsel for Hurd. We reverse.

I.

Hurd's pro se complaint was...

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