Thomas Wayne Hurst v. Frank Blackburn, Warden, Louisiana State Penitentiary

603 F.2d 586, 1979 U.S. App. LEXIS 11583

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 26, 1979
• Docket: 78-2468
• Status: Published

Opinion

PER CURIAM;

Thomas Wayne Hurst, an inmate of the Louisiana State Penitentiary at Angola, filed a pro se complaint in the district court alleging that he was transferred to a maximum security area for arbitrary and capricious reasons and without being granted an evidentiary hearing, in violation of 42 U.S. C.A. § 1983 (1970). His complaint was dismissed pursuant to a procedure this Court reviewed and found deficient in Mitchell v. Beaubouef, 581 F.2d 412 (5th Cir. 1978), cert. denied, - U.S. -, 99 S.Ct. 2416, 60 L.Ed.2d 1072 (1979). See, e. g., Hurst v. Phelps, 579 F.2d 940 (5th Cir. 1978).

We, therefore, vacate the dismissal of Hurst’s complaint and remand for reconsideration by the district court in light of the procedural dictates set forth in Mitchell v. Beaubouef.

VACATED and REMANDED.