John Fulford v. Frank Klein, Etc., Etc.

550 F.2d 342, 1977 U.S. App. LEXIS 13904

Opinions

PER CURIAM:

This case was decided by a divided panel of this Court, the opinion being reported at 529 F.2d 377 (5th Cir. 1976). Petition for rehearing en banc was granted. Fulford v. Klein, 529 F.2d 384 (5th Cir. 1976). After additional briefing and oral argument, the en banc court has decided to adhere to the majority opinion of the panel, so that opinion now states the position of the en banc court on this case.

Accordingly, the en banc court affirms the district court’s holding that the civil rights action under 42 U.S.C.A. § 1983, if any, is not properly before the Court at this time because it involves an issue which goes to the constitutionality of petitioner’s presently valid conviction, but vacates the order that the case be dismissed, and remands for reconsideration in light of the statute of limitations problem.

VACATED AND REMANDED.