SHIPP v. TODD

No. 77-1906.

568 F.2d 133 (1978)

Paul L. SHIPP, Plaintiff-Appellant, v. Hardin E. TODD, Clerk of the 13th Judicial District Court in and for Yellowstone County, Montana, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 10, 1978.


Attorney(s) appearing for the Case

Paul L. Shipp, pro se.

Harold F. Hanser, County Atty., Billings, Mont., for defendant-appellee.

Before ELY, WRIGHT and CHOY, Circuit Judges.


PER CURIAM:

Shipp, a former state prisoner filed a civil rights complaint under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) against Todd in Todd's capacity as clerk of the Montana state court in which Shipp was convicted of burglary in 1965. He sought to have the district court declare the state conviction invalid on federal constitutional grounds and for a mandatory injunction directing Todd to expunge the judgment of conviction from the court records in Todd...

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