Lonnie Lee Jordan v. Carl Thomas, Sheriff, Travis Hall and James K. Allen

Fifth Circuit

Lonnie Lee Jordan v. Carl Thomas, Sheriff, Travis Hall and James K. Allen

587 F.2d 277

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 15, 1978

Docket78-3763

StatusPublished

This text of 587 F.2d 277 (Lonnie Lee Jordan v. Carl Thomas, Sheriff, Travis Hall and James K. Allen) 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.

Bluebook

Lonnie Lee Jordan v. Carl Thomas, Sheriff, Travis Hall and James K. Allen, 587 F.2d 277 (5th Cir. 1978).

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Opinion

BY THE COURT:

IT IS ORDERED that the petitioner’s pro se application for leave to appeal in forma pauperis is GRANTED, the dismissal of the petition is VACATED and the cause is REMANDED to the district court for consideration of petitioner’s claim against the state trial judge, which was not addressed by the trial court.

Moreover, the district court should reconsider the sufficiency of the complaint as to the Dallas County Sheriff in the light of the rule that such pro se civil rights complaints are to be liberally construed. If the petitioner can amend his complaint to state a claim for which relief can be granted, he should be permitted to do so.

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BY THE COURT:

IT IS ORDERED that the petitioner’s pro se application for leave to appeal in forma pauperis is GRANTED, the dismissal of the petition is VACATED and the cause is REMANDED to the district court for consideration of petitioner’s claim against the state trial judge, which was not addressed by the trial court.

Moreover, the district court should reconsider the sufficiency of the complaint as to the Dallas County Sheriff in the light of the rule that such pro se civil rights complaints are to be liberally construed. If the petitioner can amend his complaint to state a claim for which relief can be granted, he should be permitted to do so.

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Bluebook (online)

587 F.2d 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lonnie-lee-jordan-v-carl-thomas-sheriff-travis-hall-and-james-k-allen-ca5-1978.