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DAVIS v. FISHER

No. 76-2432 Summary Calendar.

546 F.2d 66 (1977)

Johnny Otis DAVIS, Plaintiff-Appellant, v. Benny FISHER, Sheriff, Delta County, Cooper, Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 26, 1977.

Attorney(s) appearing for the Case

Johnny Otis Davis, pro se.

Benny P. Fisher, pro se.

Before GODBOLD, HILL and FAY, Circuit Judges.

PER CURIAM:

This is a § 1983 case against a Texas sheriff, filed pro se by a state prisoner.

We agree with the District Court that the claim of denial of counsel is properly raised by habeas, and with respect to it plaintiff must exhaust state remedies. Fulford v. Klein, 529 F.2d 377 (C.A.5, 1976). With one exception we agree that plaintiff's other claims do not rise to constitutional status. Giving a liberal construction...

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