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FORD v. BYRD

No. 76-2644 Summary Calendar.

544 F.2d 194 (1976)

Robert Charles FORD, Plaintiff-Appellant, v. Donald BYRD, Chief of Police, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 16, 1976.

Attorney(s) appearing for the Case

Robert Charles Ford, pro se.

John L. Hill, Atty. Gen., Thomas W. Choate, Sp. Asst. Atty. Gen., David M. Kendall Jr., First Asst. Atty., Austin, Tex., for defendants-appellees.

Before AINSWORTH, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

This is a § 1983 suit by a Texas state prisoner. The District Court dismissed it without prejudice to the filing of a habeas corpus petition.

Insofar as plaintiff seeks relief from confinement he must proceed by habeas corpus. The prosecuting attorney1 and the state trial judge who sentenced plaintiff are immune from § 1983 suits.

Plaintiff questions the validity of the search of his car by two police...

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