KIRBY v. SUTTON

No. 30701 Summary Calendar.

436 F.2d 1082 (1971)

Donald Lee KIRBY, Plaintiff-Appellant, v. Bill S. SUTTON, Court Reporter for Criminal District Court No. 5, Dallas County, Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 18, 1971.


Attorney(s) appearing for the Case

Donald L. Kirby, pro se.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.


PER CURIAM:

The complaint underlying this appeal was brought under the civil rights jurisdiction of the court, 42 U.S. C.A. section 1983, 28 U.S.C.A. section 1343, against a state court reporter to obtain a copy of the transcript of the state trial wherein petitioner, a state prisoner, was convicted. It is alleged that the transcript is needed for study so as to enable petitioner to petition for post-conviction relief.<...

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