MEMORANDUM
WARRINER, District Judge.
Thomas H. Durkin, a prisoner of the Commonwealth of Virginia confined at the Pre-Release Center in Chesterfield, brought this civil rights action pursuant to 42 U.S.C. § 1983. Jurisdiction of this Court is invoked under 28 U.S.C. § 1343(3) (1970). Plaintiff and defendants have each moved for summary judgment. For reasons given below defendants' motion will be granted
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