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WIGGINS v. NEW MEXICO STATE SUPREME COURT CLERK

No. 79-2104.

664 F.2d 812 (1981)

Edwin Dean WIGGINS, Plaintiff-Appellant, v. NEW MEXICO STATE SUPREME COURT CLERK, First Judicial District Court of New Mexico, and Felix Rodriguez, former Warden of the New Mexico Penitentiary, each as individuals and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 24, 1981.

Attorney(s) appearing for the Case

Stephen M. Duncan and H. Jeffrey Bayless of Morrison & Foerster, Denver, Colo., for plaintiff-appellant.

Jeff Bingaman, Atty. Gen., and Frank A. Murray, Asst. Atty. Gen., of the State of N. M., Santa Fe, N. M., for defendants-appellees.

Before McWILLIAMS, BARRETT and SEYMOUR, Circuit Judges.

BARRETT, Circuit Judge.

This appeal involves a challenge by Edwin Dean Wiggins (Wiggins), an inmate of the New Mexico State Penitentiary, to the District Court's dismissal of his 42 U.S.C.A. § 1983 complaint against various New Mexico officials as frivolous and without merit. Wiggins alleged that he was improperly denied state habeas corpus relief; denied his prisoner status rights-privileges; and that he was wrongfully disciplined by state prison authorities...

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