U.S. Court of Appeals for the Fifth Circuit, 1973

Billie Austin X. Bryant v. Olin G. Blackwell, Warden, U. S. Penitentiary

Billie Austin X. Bryant v. Olin G. Blackwell, Warden, U. S. Penitentiary
U.S. Court of Appeals for the Fifth Circuit · Decided January 30, 1973 · Coleman, Goldberg, Godbold
471 F.2d 608; 1973 U.S. App. LEXIS 11947 (Federal Reporter, Second Series)

Billie Austin X. Bryant v. Olin G. Blackwell, Warden, U. S. Penitentiary

Opinion of the Court

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.

Concurring Opinion

*609GOLDBERG, 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.

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