SCHULTZ v. WELLMAN

No. 82-5372.

717 F.2d 301 (1983)

Glenn T. SCHULTZ, Plaintiff-Appellant, v. Major General Billy G. WELLMAN, Brigadier General Carl Black, and Lieutenant Colonel John B. Greene, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 19, 1983.


Attorney(s) appearing for the Case

John B. Southard, Jr., argued, Middletown, Ky., for plaintiff-appellant.

Thomas G. Mooney, Louisville, Ky., Steven L. Beshear, Atty. Gen. of Kentucky, John H. Gray, Asst. Atty. Gen., argued, Frankfort, Ky., for defendants-appellees.

Before KENNEDY, and WELLFORD, Circuit Judges, and BROWN, Senior Circuit Judge.


CORNELIA G. KENNEDY, Circuit Judge.

Appellant Schultz appeals from an order of the District Court dismissing his 42 U.S.C. § 1983 cause of action with prejudice. The District Court dismissed the action because it found that the appellees had not acted under the color of state law, Schultz had failed to exhaust his administrative remedies and the prerequisites for injunctive relief could not be shown. We affirm this dismissal...

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