Jerry Arnold v. Lake County Regional Prison and Billy McWherter Warden
Jerry Arnold v. Lake County Regional Prison and Billy McWherter Warden
Opinion
835 F.2d 877
Unpublished Disposition
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Jerry ARNOLD, Plaintiff-Appellant,
v.
LAKE COUNTY REGIONAL PRISON and Billy McWherter, Warden,
Defendants-Appellees
No. 87-5475.
United States Court of Appeals, Sixth Circuit.
Dec. 15, 1987.
Before NATHANIEL R. JONES and RALPH B. GUY, Circuit Judges, and BAILEY BROWN, Senior Circuit Judge.
ORDER
This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the appellant's briefs, this panel unanimously agrees that oral argument is not necessary. Fed.R.App.P. 34(a).
This pro se Tennessee prisoner appeals the dismissal of his 42 U.S.C. Sec. 1983 complaint as frivolous pursuant to 28 U.S.C. Sec. 1915(d). We conclude that the district court acted properly; the plaintiff failed to state a claim against the defendant warden. Moreover, even if the proper parties-defendants had been named, the plaintiff's claim that his due process and equal protection rights were violated is frivolous.
Accordingly, the district court's judgment is hereby affirmed pursuant to Rule 9(b)(5), Rules of the Sixth Circuit.
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