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SCELLATO v. DEPARTMENT OF CORRECTIONS

Civ. A. No. 77-0016.

438 F.Supp. 1206 (1977)

Jimmie Lee SCELLATO, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondents.

United States District Court, W. D. Virginia, Roanoke Division.

October 13, 1977.

Attorney(s) appearing for the Case

Jimmie Lee Scellato, pro se.

John W. MacIlroy, Asst. Atty. Gen., Richmond, Va., for respondents.

MEMORANDUM OPINION and ORDER

TURK, Chief Judge.

Plaintiff, Jimmie Lee Scellato, an inmate at Floyd Correctional Unit # 5 filed this civil rights suit under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) & (4). Defendants have answered and moved for summary judgment with accompanying affidavits. In plaintiff's response to the motion for summary judgment he withdrew several claims made in the complaint and now asserts two grounds for relief: 1) denial...

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