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Mertz v. Pinto

UNITED STATES COURT OF APPEALS, THIRD CIRCUIT.


decided: May 1, 1972.

JOHN LOUIS MERTZ, APPELLANT,
v.
WARREN PINTO, FORMER SUPERINTENDENT OF THE NEW JERSEY STATE PRISON FARM, ET AL.

Before McLAUGHLIN, VAN DUSEN and ALDISERT, Circuit Judges.

Opinion OF THE COURT

Per Curiam:

Plaintiff, a New Jersey prisoner, appeals from a district court order granting the motion to dismiss, filed by defendant officials of the Rahway New Jersey, State Prison, his civil rights action.*fn1 After careful consideration of the record and the briefs of counsel, we have concluded that the district court should be affirmed for the reasons stated in the opinion of Judge Whipple.

There can be no recovery under the Civil Rights Act for injuries resulting from plaintiff's September 1967 fall.*fn2 See Gittlemacker v. Prasse, 428 F.2d 1, 6 (3d Cir. 1970); Kent v. Prasse, 265 F.Supp. 673, 675 (W.D.Pa.1967), aff'd, 385 F.2d 406, 407 (3d Cir. 1967). Also, the record, including the complaint,*fn3 does not support the contention of plaintiff that he has been "arbitrarily and capriciously" denied the equal opportunity to earn fullminimum time credits off his sentence due to his assignment as a porter. See Harris v. Yeager, 291 F.Supp. 1015, 1017-1018 (D.N.J.1968), aff'd, 410 F.2d 1376 (3d Cir. 1969).*fn4

Affirmed.


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