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WHITE v. WHITE

No. 88-7141.

886 F.2d 721 (1989)

Judson Warren WHITE, Plaintiff-Appellant, v. C.M. WHITE, Warden; A.V. Dodrill, Commissioner of Corrections, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 3, 1989.

Attorney(s) appearing for the Case

Richard D. Horn, Student Atty. (Nancy Louise Cook, Washington, D.C., American University Washington College of Law, Appellate Advocacy Law Clinic, on brief), for plaintiff-appellant.

Edward Lee Bullman (Charles G. Brown, Atty. Gen., Dana D. Davis, Sr. Asst. Atty. Gen., Charleston, W.Va., on brief), for defendants-appellees.

Before MURNAGHAN, CHAPMAN, and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

In this case we must determine if the district court abused its discretion in dismissing without prejudice plaintiff's pro se complaint as frivolous within the meaning of 28 U.S.C. § 1915(d). We find that such dismissal was proper and affirm.

I.

Plaintiff Judson Warren White is an inmate at the Huttonsville Correctional Center. On March 25, 1988, plaintiff tried to mail legal correspondence to his attorney. Under prison...

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