SMITH v. ERICKSON

Nos. 89-5012, 89-5013.

884 F.2d 1108 (1989)

Jerry Wayne SMITH, Appellant, v. Robert ERICKSON, Warden; Helene Haworth, Mailroom Officer; Richard Craven; Rudy Kohler; Robert L. Aufderhar; James J. Ryan; Harold C. Hansen; and Tim Scott, Appellees. Jerry Wayne SMITH, Appellant, v. Rudy KOLI; Robert Erickson, Warden; Helene Haworth; and Dick Craven, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 11, 1989.


Attorney(s) appearing for the Case

Jerry Wayne Smith, pro se.

Richard L. Varco, Jr., St. Paul, Minn., and Patricia R. Cangemi, Minneapolis, Minn., for appellees.

Before McMILLIAN and FAGG, Circuit Judges, and HEANEY, Senior Circuit Judge.


McMILLIAN, Circuit Judge.

Jerry Wayne Smith, a prisoner at the Minnesota Correctional Facility,1 appeals pro se from two final orders entered in the District Court for the District of Minnesota dismissing, for failure to state a claim, his civil rights action alleging that he was denied access to the courts and that prison officials were retaliating against him for pursuing legal actions. For the reasons discussed below, we reverse and...

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