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PAYNE v. LYNAUGH

No. 87-6009.

843 F.2d 177 (1988)

Thomas Henry PAYNE, Plaintiff-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 5, 1988.

Attorney(s) appearing for the Case

Robert Hampton, West TX Legal Services, Wichita Falls, Tex., for plaintiff-appellant.

Jo Anne Bernal, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for defendants-appellees.

Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Thomas Henry Payne filed a civil rights action under 42 U.S.C. § 1983 against certain state officials of the Texas Department of Corrections (TDC) alleging that these officials denied him the medical treatment recommended or prescribed by the doctors. Construing his complaint as one of untimely and improper medical care, the district court dismissed the action with prejudice as frivolous under 28 U.S.C. ...

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