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WILSON v. FOTI

No. 86-3303.

832 F.2d 891 (1987)

Joseph WILSON, Petitioner-Appellant, v. Charles C. FOTI, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 25, 1987.

Attorney(s) appearing for the Case

John H. Craft, New Orleans, La., (Court-appointed), for Joseph Wilson.

William A. Marshall, Susan Scott Hunt, Asst. Dist. Attys., New Orleans, La.

Freeman R. Matthews, Metairie, La., for Charles C. Foti.

J. Marvin Montgomery, Asst. Atty. Gen., Baton Rouge, La., for C. Paul Phelps.

Before CLARK, Chief Judge, RANDALL and DAVIS, Circuit Judges.

RANDALL, Circuit Judge:

Joseph Wilson appeals the district court's dismissal of his 42 U.S.C. § 1983 claim attacking the conditions and duration of his confinement with the Louisiana Department of Corrections. Because his claim attacked the facts of his confinement, the district court construed his claim as one arising under 28 U.S.C. § 2254. The district court then dismissed the claim because Wilson had not exhausted...

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