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

Fifth Circuit

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

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

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 8, 1977

Docket74-2723

StatusPublished

Cited by85 cases

This text of 550 F.2d 342 (John Fulford v. Frank Klein, Etc., Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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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John Fulford v. Frank Klein, Etc., Etc., 550 F.2d 342, 1977 U.S. App. LEXIS 13904 (5th Cir. 1977).

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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.

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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.

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550 F.2d 342, 1977 U.S. App. LEXIS 13904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-fulford-v-frank-klein-etc-etc-ca5-1977.

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