THOMAS v. SHAW

No. 73-2135 Summary Calendar.

497 F.2d 123 (1974)

Robert THOMAS, Jr., #190254, Plaintiff-Appellant, v. Bill SHAW, District Clerk of Dallas County, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 18, 1974.


Attorney(s) appearing for the Case

Robert Thomas, Jr. pro se.

John B. Tolle, Asst. Dist. Atty., Dallas, Tex., for defendant-appellee.

Before BELL, SIMPSON and MORGAN, Circuit Judges.


PER CURIAM.

Robert Thomas, Jr., presently incarcerated in the Ellis Unit of the Texas Department of Corrections at Huntsville, appeals from an order of the district court dismissing his civil rights complaint filed pursuant to 42 U.S.C. § 1983 et seq. We vacate and remand.

In his complaint filed below the appellant contends that the "[d]efendant, Bill Shaw, on the 25 day of July 1965, A.D. * * * did then and there unlawfully and knowingly make...

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