Fuston R. Thomas v. Elza H. Papp, Circuit Judge of Genessee County, Thomas E. Bell, Sheriff

Sixth Circuit

Fuston R. Thomas v. Elza H. Papp, Circuit Judge of Genessee County, Thomas E. Bell, Sheriff

457 F.2d 792

CourtCourt of Appeals for the Sixth Circuit

DecidedFebruary 28, 1972

Docket71-1160

StatusPublished

Cited by1 cases

This text of 457 F.2d 792 (Fuston R. Thomas v. Elza H. Papp, Circuit Judge of Genessee County, Thomas E. Bell, Sheriff) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fuston R. Thomas v. Elza H. Papp, Circuit Judge of Genessee County, Thomas E. Bell, Sheriff, 457 F.2d 792 (6th Cir. 1972).

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Opinion

PER CURIAM.

The appellant takes this appeal from the dismissal by the District Court of his original complaint filed under the provisions of Title 42 U.S.C. § 1983. The appellant recited in the complaint that local officers of the State of Michigan had removed $122.00 from his person at the time he was originally placed in jail, and after his conviction for armed robbery the Trial Court applied the $122.00 toward the payment of his court appointed counsel.

Appellant was permitted to file this action by an order of the District Court dated December 10, 1970, but before any summons was served or any appearance was filed, and by an order dated December 31, 1970, the District Court dismissed the case for lack of jurisdiction. We agree with the decision of the Second Circuit in Eisen v. Eastman, 421 F. 2d 560 (2nd Cir., 1969). A complaint based upon the loss of money does not establish jurisdiction under the Civil Rights Act.

All other allegations in the complaint in this case are clearly without merit. For this reason and without determining the legality of the application of the $122.00 to the payment of attorney fees the judgment of the District Court is affirmed.

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PER CURIAM.

The appellant takes this appeal from the dismissal by the District Court of his original complaint filed under the provisions of Title 42 U.S.C. § 1983. The appellant recited in the complaint that local officers of the State of Michigan had removed $122.00 from his person at the time he was originally placed in jail, and after his conviction for armed robbery the Trial Court applied the $122.00 toward the payment of his court appointed counsel.

Appellant was permitted to file this action by an order of the District Court dated December 10, 1970, but before any summons was served or any appearance was filed, and by an order dated December 31, 1970, the District Court dismissed the case for lack of jurisdiction. We agree with the decision of the Second Circuit in Eisen v. Eastman, 421 F. 2d 560 (2nd Cir., 1969). A complaint based upon the loss of money does not establish jurisdiction under the Civil Rights Act.

All other allegations in the complaint in this case are clearly without merit. For this reason and without determining the legality of the application of the $122.00 to the payment of attorney fees the judgment of the District Court is affirmed.

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457 F.2d 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuston-r-thomas-v-elza-h-papp-circuit-judge-of-genessee-county-thomas-ca6-1972.

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