MEMORANDUM OPINION
SINGLETON, District Judge.
This is a civil rights suit brought by a state prisoner against his jailor under the provisions of 42 U.S.C. § 1983. Plaintiff seeks damages upon the claim that defendant, under color of law, deprived him of his constitutionally protected right to be free of cruel and unusual punishment. This court has jurisdiction under the provisions of 28 U.S.C. § 1343. When originally filed,
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