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POWELL v. LENNON

No. 88-3892.

914 F.2d 1459 (1990)

Thomas D. POWELL, Plaintiff-Appellant, v. M.C. LENNON, John Magathlin, Larry Parrish, Bobby Moore, C.W. Ala, Ed Averette, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 15, 1990.

Attorney(s) appearing for the Case

Robert A. Harper, Jr., Tallahassee, Fla., Thomas D. Powell, Treasure Island, Fla., for plaintiff-appellant.

Lyndia F. Padgett, Asst. U.S. Atty., Tim Jansen, Tallahassee, Fla., for defendants-appellees.

Before JOHNSON and HATCHETT, Circuit Judges, and SMITH, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This case arises on appeal from the district court's order of October 21, 1988, dismissing the plaintiff's complaint.

I. FACTS

A. Background

Thomas Powell ("the plaintiff") is an inmate at the Tallahassee Federal Correctional Institute ("the TFCI"). The plaintiff arrived at the TFCI in early January 1987. Shortly after his arrival, the plaintiff noticed in his cell exposed ends of pipes covered with what appeared...

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