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SMITH v. FLORIDA DEPT. OF CORRECTIONS

No. 11-13481.

713 F.3d 1059 (2013)

Glenn C. SMITH, Plaintiff-Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Larry Barriner, Toni Bowden, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 20, 2013.

Attorney(s) appearing for the Case

Neil Mark Schuster , Law Office of Neil M. Schuster, PA, Miami, FL, for Plaintiff-Appellant.

Charles M. Fahlbusch , David Jay Glantz , Kiernan P. Moylan , Atty. Gen.'s Office, Ft. Lauderdale, FL, Pam Bondi , Atty. Gen.'s Office, Tallahassee, FL, for Defendant-Appellee.

Before TJOFLAT, MARTIN and FAY, Circuit Judges.

PER CURIAM:

Glenn Smith, a Florida state prisoner, appeals a summary judgment order in favor of the Florida Department of Corrections ("FDOC"). Smith brought a pro se 42 U.S.C. § 1983 civil rights action based on an alleged widespread practice and custom of the FDOC to transfer inmates in retaliation for exercising their First Amendment rights. On appeal, Smith argues that he was denied fair discovery, but even...

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