Opinion · Court of Appeals for the Fifth Circuit

Charles R. Wren, Jr. v. S. Lamont Smith, Warden, Georgia State Prison

410 F.2d 390

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1969-05-06
Topic
general

PER CURIAM: In this pro se case appellants have failed to file a brief within the time fixed by Rule 31, F.R.A.P., and it is therefore appropriate to dispose of this case summarily pursuant to Rule 9(c) (2) of this Court. Stout v. Broom, 5 Cir. 1969, 406 F.2d 758. The appellants are prisoners in the Georgia State Penitentiary at Reidsville *391 who petitioned the district court for an injunction to block desegregation of prison facilities. The integration had been ordered by a three-judge district court.

Citator

UpLaw has not yet analyzed Charles R. Wren, Jr. v. S. Lamont Smith, Warden, Georgia State Prison. The absence of a flag is not a finding that it is good law.

Cited by
6 opinions
PER CURIAM:

In this pro se case appellants have failed to file a brief within the time fixed by Rule 31, F.R.A.P., and it is therefore appropriate to dispose of this case summarily pursuant to Rule 9(c) (2) of this Court. Stout v. Broom, 5 Cir. 1969, 406 F.2d 758.

The appellants are prisoners in the Georgia State Penitentiary at Reidsville *391 who petitioned the district court for an injunction to block desegregation of prison facilities. The integration had been ordered by a three-judge district court. See Wilson et al. v. Kelley, N.D.Ga.1968, 294 F.Supp. 1005.

Injunctive relief was denied below on grounds that Wilson was a proper class action under Rule 23(b) (1), F.R. Civ.P., and appellants, being within the class designated as plaintiffs in that action, are bound by that decision. Rule 23(c) (3), F.R.Civ.P. The district court was correct in its interpretation of the rule. The judgment below is affirmed.

Affirmed.