Eduardo Rodriguez v. James D. Purkett, Superintendent, Farmington Correctional Center
This text of 65 F.3d 172 (Eduardo Rodriguez v. James D. Purkett, Superintendent, Farmington Correctional Center) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
65 F.3d 172
NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.
Eduardo RODRIGUEZ, Appellant,
v.
James D. PURKETT, Superintendent, Farmington Correctional
Center, Appellee.
No. 94-3373.
United States Court of Appeals,
Eighth Circuit.
Submitted: July 3, 1995.
Filed: Aug. 30, 1995.
Before FAGG, MAGILL, and BEAM, Circuit Judges.
PER CURIAM.
Eduardo Rodriguez appeals from the district court's1 order denying his 28 U.S.C. Sec. 2254 petition claiming violation of his Fourth and Fifth Amendment rights. Rodriguez's Fourth Amendment claim is barred. See Poole v. Wood, 45 F.3d 246, 249 (8th Cir.) (citing Stone v. Powell, 428 U.S. 465, 481-82 (1976)), cert. denied, 115 S. Ct. 2561 (1995). As to the other claim, we conclude that, even assuming the facts as Rodriguez alleged them, there was no Fifth Amendment violation. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
The Honorable Russell G. Clark, Senior United States District Judge for the Western District of Missouri
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
65 F.3d 172, 1995 U.S. App. LEXIS 30574, 1995 WL 510006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eduardo-rodriguez-v-james-d-purkett-superintendent-farmington-ca8-1995.