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CALDWELL v. LINE

No. 81-1511 Summary Calendar.

679 F.2d 494 (1982)

Leleonia Evonne CALDWELL, Plaintiff-Appellant, v. Herbert LINE, Presiding Judge of Dallas County Annex Court, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 2, 1982.

Attorney(s) appearing for the Case

Lana Johnson, Dallas, Tex., for plaintiff-appellant.

J. Steven Bush, Asst. Dist. Atty., Dallas, Tex., Mark White, Atty. Gen., Theresa Ann Kraatz, Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Before BROWN, POLITZ and WILLIAMS, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This civil rights action for violation of the Fifth, Thirteenth, and Fourteenth Amendments and seeking damages and declaratory and injunctive relief under 42 U.S.C. § 1983 was filed against the retired state judge who presided over Caldwell's earlier state criminal trial. Finding that Caldwell's suit is in reality an attack on the constitutionality of her state court conviction and that she has failed to exhaust her state remedies...

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