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Billie Austin X. BRYANT, Plaintiff-Appellant, v. Olin G. BLACKWELL, Warden, U. S. Penitentiary, Defendant-Appellee

United States Court of Appeals for the Fifth Circuit1973-01-30No. No. 72-1118
471 F.2d 608

Authorities cited

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Opinion

majority opinion

PER CURIAM:

We pretermit discussion of whether appellant has a federal cause of action against prison officials for alleged violation of his constitutional rights in a federal prison, because as a matter of law the incidents of prison life to which he objects do not rise to the level of constitutional violations. Affirmed.

concurrence opinion

GOLDBERG, Circuit Judge

(specially concurring):

I concur in the result. I am convinced that the trial court’s dismissal of appellant’s action, without prejudice to his right to refile, must be affirmed due to a defective showing of in personam jurisdiction over the named defendants. Unless and until in personam jurisdiction is found to exist, I would not meet the very serious question of whether appellant states a constitutional cause of action.