No. 82-5213.

709 F.2d 436 (1983)

Roger DOVER, Plaintiff-Appellant, v. Jim ROSE, Warden, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 6, 1983.

Attorney(s) appearing for the Case

Robert E. Hoehn (argued), Watkins, McGugin, McNeilly & Rowan, Nashville, Tenn., for plaintiff-appellant.

William M. Leech, Jr., Atty. Gen. of Tenn., David M. Himmelreich, Asst. Atty. Gen. (argued), Nashville, Tenn., for defendant-appellee.

Before ENGEL and CONTIE, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

CONTIE, Circuit Judge.

Plaintiff Roger Dover appeals from a district court order denying his motion for attorney's fees under the Civil Rights Attorneys Fees Awards Act of 1976, 42 U.S.C. § 1988. The issue presented in this appeal is whether the plaintiff is the "prevailing party" for purposes of the statute. For the reasons stated below, we affirm.


In November 1978, the plaintiff was convicted of second degree murder by a Tennessee state...

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