Home/Fifth Circuit/Charles R. Wren, Jr. v. S. Lamont Smith, Warden, Georgia State Prison

Charles R. Wren, Jr. v. S. Lamont Smith, Warden, Georgia State Prison

410 F.2d 390, 1969 U.S. App. LEXIS 12514
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 6, 1969
Docket27045
StatusPublished
Cited by6 cases

This text of 410 F.2d 390 (Charles R. Wren, Jr. v. S. Lamont Smith, Warden, Georgia State Prison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles R. Wren, Jr. v. S. Lamont Smith, Warden, Georgia State Prison, 410 F.2d 390, 1969 U.S. App. LEXIS 12514 (5th Cir. 1969).

Opinion

PER CURIAM:

In this pro se case appellants have failed to file a brief within the time fixed by Rule 31, F.R.A.P., and it is therefore appropriate to dispose of this case summarily pursuant to Rule 9(c) (2) of this Court. Stout v. Broom, 5 Cir. 1969, 406 F.2d 758.

The appellants are prisoners in the Georgia State Penitentiary at Reidsville *391 who petitioned the district court for an injunction to block desegregation of prison facilities. The integration had been ordered by a three-judge district court. See Wilson et al. v. Kelley, N.D.Ga.1968, 294 F.Supp. 1005.

Injunctive relief was denied below on grounds that Wilson was a proper class action under Rule 23(b) (1), F.R. Civ.P., and appellants, being within the class designated as plaintiffs in that action, are bound by that decision. Rule 23(c) (3), F.R.Civ.P. The district court was correct in its interpretation of the rule. The judgment below is affirmed.

Affirmed.

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Bluebook (online)
410 F.2d 390, 1969 U.S. App. LEXIS 12514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-r-wren-jr-v-s-lamont-smith-warden-georgia-state-prison-ca5-1969.