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BABCOCK v. McDANIEL

No. 97-3680.

148 F.3d 797 (1998)

John C. BABCOCK, Plaintiff-Appellant, v. G. McDANIEL, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 1998.

Attorney(s) appearing for the Case

Seth M. Lahn (submitted on briefs), Bloomington, IN, for Plaintiff-Appellant.

Judith A. Stewart, Office of the United States Attorney, Indianapolis, MN, for Defendant-Appellee.

Before CUDAHY, COFFEY and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

In this successive appeal, John Babcock appeals from the district court's dismissal of his case pursuant to Federal Rule of Civil Procedure 41(a)(2). We affirm the district court's decision.

Babcock, a federal prisoner, sued various prison officials who allegedly violated his First, Fifth, and Eighth Amendment rights by failing to protect him adequately after fellow inmates threatened him with violence. The district court entered summary...

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