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WEST v. CUNNINGHAM

No. 71-1392.

456 F.2d 1264 (1972)

Frank WEST, Jr., Appellant, v. W. K. CUNNINGHAM, Director, Division of Corrections, Appellee.

United States Court of Appeals, Fourth Circuit.

February 23, 1972.

Attorney(s) appearing for the Case

Frank West, Jr., pro se.

Edward J. White, Asst. Atty. Gen., Richmond, Va., for appellee.

Before SOBELOFF, Senior Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

SOBELOFF, Senior Circuit Judge:

Invoking 42 U.S.C. § 1983, Frank West, Jr., brought the present action to compel his release from the maximum security wing ("C" building) of the Virginia State Penitentiary. West alleged his confinement to "C" building, with its attendant loss of privileges, was an arbitrary punishment, imposed by the prison administrators without reason and without affording him any of the procedural protections mandated by the Due Process Clause...

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