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ADAMS v. RICE

No. 93-6914.

40 F.3d 72 (1994)

David ADAMS, Plaintiff-Appellant, v. Nathan A. RICE; Gary T. Dixon; Hazel W. Keith, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 16, 1994.

Attorney(s) appearing for the Case

ARGUED: Gail Starling Marshall, Rapidan, VA, for appellant. Neil Clark Dalton, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, for appellees. ON BRIEF: Michael F. Easley, Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, for appellees.

Before WILKINSON, HAMILTON, and LUTTIG, Circuit Judges.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge HAMILTON and Judge LUTTIG joined.

OPINION

WILKINSON, Circuit Judge:

This case presents the question whether the district court abused its discretion under 28 U.S.C. § 1915(d) by dismissing plaintiff's in forma pauperis suit as frivolous. Plaintiff alleges that prison officials violated his constitutional rights by retaliating against him for requesting protective...

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