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WIGGINS v. MURPHY

No. 77-2174.

576 F.2d 572 (1978)

Alphonso C. WIGGINS, Appellant, v. Lawrence A. MURPHY, Clerk of the Court, Criminal Court of Baltimore, Donald D. Pomerleau, Police Commissioner and William F. Rochford, Director, Central Records Division, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 1, 1978.

Attorney(s) appearing for the Case

Peter S. Smith, Baltimore, Md. (Adrienne E. Volenik, Frank C. Derr, Third Year Law Student, Vail A. Kaufman, Third Year Law Student, Maryland Juvenile Law Clinic, on brief), for appellant.

John P. Stafford, Jr., Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen. of Md., Clarence W. Sharp, Asst. Atty. Gen., Chief, Crim. Div., Baltimore, Md., on brief), for appellees.

Before BUTZNER and HALL, Circuit Judges, and NORTHROP, District Judge.

PER CURIAM.

The plaintiff brought this action pursuant to 42 U.S.C. § 1983 seeking to have six state criminal convictions declared illegal and expunged from his records. Citing the fact that the plaintiff had tried the same issues in state court and lost, the district court dismissed the action on the basis of either "res judicata, full faith and credit, or outright lack of jurisdiction . . . ." We affirm the dismissal, but only on the basis of res...

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