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MORROW v. FBI

No. 93-1165.

2 F.3d 642 (1993)

Ricky Eugene MORROW, Plaintiff-Appellant, v. FBI and U.S. Department of Justice, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 29, 1993.

Attorney(s) appearing for the Case

Ricky Eugene Morrow, pro se.

Before WIENER, EMILIO M. GARZA, Circuit Judges, and LITTLE, District Judge.

EMILIO M. GARZA, Circuit Judge:

In this case of first impression in this Circuit, we must determine whether the district court abused its discretion by dismissing as frivolous Ricky Eugene Morrow's complaint under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (1988). Finding that the court abused its discretion, we vacate and remand.

I

Morrow is a death row inmate in the custody of the Texas...

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