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GRAHAM v. STATE DEPARTMENT OF CORRECTION

No. 73-133.

392 F.Supp. 1262 (1975)

Robert Lee GRAHAM, Plaintiff, v. STATE DEPARTMENT OF CORRECTION, Defendant, and David L. Jones, Secretary of the North Carolina Additional Department of Social Rehabilitation and Control, Defendant.

United States District Court, W. D. North Carolina, Charlotte Division.

April 7, 1975.

Attorney(s) appearing for the Case

No appearance for plaintiff.

Jacob L. Safron, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, N. C., for defendants.

ORDER

McMILLAN, District Judge.

In June 1973 Robert Lee Graham filed a claim asserting that his summary demotion from honor grade status because of an alleged escape was a violation of his constitutional right to procedural due process.

Upon being informed by the Attorney General of North Carolina that no hearing was given in demotion cases such as Graham's, where the prisoner had not pleaded guilty or been convicted on an escape charge, this court...

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