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McAFEE v. MARTIN

No. 94-41130 Summary Calendar.

63 F.3d 436 (1995)

Darrell McAFEE, Plaintiff-Appellant, v. U.P. MARTIN, Warden, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 12, 1995.

Attorney(s) appearing for the Case

Darrell McAfee, New Boston, TX, pro se.

David J. Coates, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellee.

Before DAVIS, JONES and DeMOSS, Circuit Judges.

PER CURIAM:

McAfee appeals the dismissal of his § 1983 action based on excessive force against Officers David Boyd and Russell Mittasch and his retaliation claims against Wardens Charles Martin and Rodney Cooper. We vacate the district court judgment and remand for further proceedings.

I.

The district court referred this § 1983 action to the magistrate judge pursuant to § 636(b)(1)(B). Thereafter a notice of a "Flowers" hearing...

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