Billie Austin X. Bryant v. Olin G. Blackwell, Warden, U. S. Penitentiary

*609GOLDBERG, Circuit Judge

(specially concurring):

I concur in the result. I am convinced that the trial court’s dismissal of appellant’s action, without prejudice to his right to refile, must be affirmed due to a defective showing of in personam jurisdiction over the named defendants. Unless and until in personam jurisdiction is found to exist, I would not meet the very serious question of whether appellant states a constitutional cause of action.