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MARTINEZ v. TURNER

No. 91-3714.

977 F.2d 421 (1992)

Jorge L. MARTINEZ, Appellant, v. C.A. TURNER, Warden, Medical Center for Federal Prisoners; D. Counts, Unit Manager, Medical Center for Federal Prisoners; Jack Smith, Case Manager, Federal Medical Center for Federal Prisoners; L.J. Daugherty, Counselor, Medical Center for Federal Prisoners; W. Hensley, Lieutenant, Medical Center for Federal Prisoners; A. Clark, Lieutenant, Medical Center for Federal Prisoners; G. Martinia, Lieutenant, Medical Center for Federal Prisoners; Shaw, Correctional Officer, Medical Center for Federal Prisoners; Crom, Correctional Officer, Medical Center for Federal Prisoners; E.J. Blades, Correctional Officer, Medical Center for Federal Prisoners; Dr. William Francis, Medical Center for Federal Prisoners; George Cordivin, Dr., Medical Center for Federal Prisoners; E. Wetzel, Dr., Medical Center for Federal Prisoners; J.W. Clawson, Dr., Medical Center for Federal Prisoners; G. Rose, Nurse, Medical Center for Federal Prisoners; Coursen, Nurse, Medical Center for Federal Prisoners; G. Diullo, Physical Therapist, Medical Center for Federal Prisoners, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 8, 1992.

Attorney(s) appearing for the Case

Appellant proceeded pro se.

Alleen S. Castellani, Asst. U.S. Atty., Kansas City, Mo., argued, for appellees.

Before BEAM, Circuit Judge, BRIGHT, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

BRIGHT, Senior Circuit Judge.

Jorge L. Martinez appeals the district court's order dismissing his pro se complaint, before service of process, as frivolous under 28 U.S.C. § 1915(d) (1988). We affirm in part and reverse in part.

Martinez asserted in his Bivens-type1 complaint that his due process rights as a pretrial detainee confined in the United States Medical Center for Federal Prisoners (USMCFP) were violated when...

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