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CARTER v. HEARD

No. 76-3198.

593 F.2d 10 (1979)

Albert H. CARTER, Plaintiff-Appellant, v. Jack HEARD, Sheriff of Harris County, Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 12, 1979.

Attorney(s) appearing for the Case

Albert H. Carter, pro se.

Herbert D. Yates (Ct. Appointed—Not under the act), Houston, Tex., for plaintiff-appellant.

Carol S. Vance, Dist. Atty., Joe Wesweber, County Atty., Harris County, Joe Moss, Asst. Dist. Atty., Harris County, Houston, Tex., for defendant-appellee.

Before GEE and VANCE, Circuit Judges, and HUNTER, District Judge.

GEE, Circuit Judge:

Carter, an incarcerated felon as well as an inveterate and devious pro se litigator,1 seeks injunctive and declaratory relief from a state court judgment for $569.75 which he claims resulted from a civil trial in absentia. His complaint under 42 U.S.C. § 1983 states that he received no notice of the trial, that the trial was held during his absence in prison, and that no counsel was appointed to represent...

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