Carroll vs. Kyle, (5th Cir. 1996)
Linked as:
Text
* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 95-50928 Summary Calendar RANDY LORINE CARROLL, Plaintiff-Appellant, versus VICTOR RODRIGUEZ; TEXAS BOARD OF PARDONS & PAROLES; JUDITH D. MILLER, Defendants-Appellees. Appeal from the United States District Court for the Western District of Texas USDC No. MO-95-CV-106 May 21, 1996 Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM: * Randy Lorine Carroll appeals the district court's dismissal of his habeas corpus claims for failure to exhaust state remedies and the court's dismissal as frivolous of his civil rights claims. Carroll's petition is more properly construed as a petition pursuant to 28 U.S.C. § 2241 rather than 28 U.S.C. § 2254. See United States v. Tubwell , 37 F.3d 175, 177 (5th Cir. 1994). The district court did not abuse its discretion by dismissing the § 2241 petition for failure to exhaust. See Fuller v. Rich , 11 F.3d 61, 62 (5th Cir. 1994). Further, the district court did not abuse its discretion by dismissing Carroll's civil rights claim as frivolous under 28 U.S.C. § 1915(d). See Heck v. Humphrey , 114 S. Ct. 2364 (1994). The judgment of the district court is AFFIRMED. Carroll's motion to stay the appeal pending his exhaustion of state remedies is DENIED.
AFFIRMED.
No. 95-50928
Sponsored links
This document cites
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Robert Clyde Tubwell, A/K/a Robert Earl Tubwell, Defendant-Appellant. No. 94-60040. Summary Calendar., 37 F.3d 175 (5th Cir. 1994)
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2254 - Sec. 2254. State custody; remedies in Federal courts
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2241 - Sec. 2241. Power to grant writ
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 1915 - Sec. 1915. Proceedings in forma pauperis
- U.S. Court of Appeals for the Fifth Circuit - Joel Fuller, Petitioner-Appellant, v. James Rich, Warden for Fci, Seagoville, Texas, Et Al., Respondents-Appellees. No. 93-1767. Conference Calendar., 11 F.3d 61 (5th Cir. 1994)
See other documents that cite the same legislation
