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Gary Michael Quick v. J. F. Thompkins, Etc.

Gary Michael QUICK, Petitioner-Appellant, v. J. F. THOMPKINS, Etc., Respondent-Appellee

Quick v. J. F. Thompkins, Etc., 425 F.2d 260 (5th Cir. 1970)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
April 1, 1970
Docket
No. 28903_1
Judges
Wisdom, Coleman, Simpson
Citations
425 F.2d 2601970 U.S. App. LEXIS 10037

Opinion — Per Curiam

PER CURIAM:

Gary Michael Quick appeals from an order of the district court denying his motion for a declaratory judgment and injunctive relief. We affirm.

1

The petitioner-appellant alleged that he had ordered and paid for various items from the prison canteen, but that the items were not delivered to him; his money not refunded; and that he was told by the sergeant in charge of the prison wing that “it was just too bad” if he did not receive this merchandise. He further alleged that the sergeant threatened to put him in the “hole” on a false disciplinary report if Quick filed a complaint. The district court denied relief stating that the petitioner-appellant should first seek relief through the prison’s administrative channels.

The petitioner-appellant’s allegations are a matter of internal prison administration. Recourse, therefore, must first be sought through administrative channels. Brown v. Wainwright, 5 Cir. 1969, 419 F.2d 1308 ; Hess v. Blackwell, 5 Cir.1968, 409 F.2d 362 ; Beard v. Lee, 5 Cir.1968, 396 F.2d 749, 751 .

The judgment is affirmed.

1

The appellant has failed to file a brief within the time fixed by Rule 31, Federal Rules of Appellate Procedure. It is, therefore, appropriate to dispose of this pro se case summarily under this Court’s local Rule 9(c) (2). Kimbrough v. Beto, 5 Cir. 1969, 412 F.2d 981 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1970: 41972: 11974: 319702026peak 1970 · 4

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Kimbrough v. Beto, 412 F.2d 981 (5th Cir. 1969) 164
Beard v. A. F. Lee, 396 F.2d 749 (5th Cir. 1968) 21
Brown v. Wainwright, 419 F.2d 1308 (5th Cir. 1969) 15
Hess v. Blackwell, 409 F.2d 362 (5th Cir. 1969) 15

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