IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-60106
Conference Calendar
MELVIN JAMES,
Plaintiff-Appellant,
versus
KIRK FORDICE, GOVERNOR;
BILLY MCGEE; RICK FORTE; TIM CARTER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 2:94-CV-227-PG
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June 17, 1998
Before DAVIS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Melvin James, prisoner # 219425, appeals the dismissal of
his civil rights action for failure to state a claim upon which
relief could be granted. The Mississippi officials had the legal
authority for the extradition of James and Mississippi state law
does not provide a fugitive with a right to a hearing. See U.S.
Const. Art. IV, § 2, cl. 2; Miss. Code Ann. §§ 99-21-1 to -11
(1972). Furthermore, a person is not entitled to a pretransfer
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-60106
-2-
evidentiary hearing under 18 U.S.C. § 3182. See Good v. Allain,
646 F. Supp. 1029, 1031 (S.D. Miss. 1986), aff’d in part and
modified on other grounds in part, 823 F.2d 64, 66 (5th Cir.
1987). James can prove no set of facts which would entitle him
to relief. The district court did not err in dismissing James’
complaint.
AFFIRMED.