John Bowman v. N. L. Hale, Warden

464 F.2d 1032, 1972 U.S. App. LEXIS 8168

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 28, 1972
• Docket: 28868
• Status: Published

Opinion

PER CURIAM:

John Bowman, an inmate of the Alabama prison system, filed a civil rights complaint seeking injunctive relief and money damages for asserted deprivations of Federal constitutional rights resulting from a variety of alleged abuses in the administration and operation of the Atmore Prison. Among other claims he contended that (i) the failure to provide him with proper medical attention constituted cruel and unusual punishment within the prohibition of the Eighth Amendment and (ii) the confiscation and destruction of his law books and legal documents by prison officials established grounds for Federal relief. The District Court summarily dismissed the complaint, 302 F.Supp. 1306.

We vacate the District Court’s order and remand for further proceedings consistent with our opinion in Williams v. Wainwright, 5 Cir., 1972, 460 F.2d 1080 and companion cases. 1

Vacated and remanded.

1 . It is appropriate to dispose of this pro se case summarily, pursuant to this Court’s local Buie 9(c) (2), appellant having failed to file a brief within the time fixed by Rule 31, Federal Rules of Appellate Procedure. Kimbrough v. Beto, Director, 5 Cir., 1969, 412 F.2d 981.