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HORTON v. COCKRELL

Nos. 94-10737, 94-10841.

70 F.3d 397 (1995)

Billy Wayne HORTON, Plaintiff-Appellant, v. Janie COCKRELL, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 10, 1996.

Attorney(s) appearing for the Case

Billy Wayne Horton, Livingston, TX, Pro se.

Maurice Lawrence Wells, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for Appellees.

Before POLITZ, Chief Judge, and WISDOM and STEWART, Circuit Judges.

PER CURIAM:

The plaintiff/appellant, Billy Wayne Horton, is an inmate in the Clements Unit of the Texas Department of Criminal Justice (TDCJ). Horton appeals the district court's decision to dismiss his in forma pauperis civil rights suit against prison officials as frivolous under 28 U.S.C. § 1915(d)1. We find that Horton's complaint was not frivolous. Therefore, we VACATE the order...

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