SCHWINDLIG v. SMITH

No. PB-C-84-269.

596 F.Supp. 224 (1984)

David SCHWINDLIG, Plaintiff, v. Melba SMITH, Records Supervision, Cummins Unit, Arkansas Department of Correction, and Steven Clark, Attorney General, State of Arkansas, Defendants.

United States District Court, E.D. Arkansas, Pine Bluff Division.

October 12, 1984.


Attorney(s) appearing for the Case

David Schwindlig, pro se.

Randall Miller, Asst. Atty. Gen., State of Ark., Little Rock, Ark., for defendants.


ORDER

HENRY WOODS, District Judge.

This case comes before the Court on defendants' motion to dismiss. Defendants contend that the proper avenue for plaintiff to challenge his parole eligibility classification is a petition for habeas corpus, rather than suit under 42 U.S.C. § 1983. Defendants further contend that plaintiff is not being deprived of his civil rights, and therefore has failed to state a claim upon which relief can be granted. These two...

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