HADLEY v. WERNER

No. 82-1572.

753 F.2d 514 (1985)

Willie Leon HADLEY, Plaintiff-Appellant, v. Patrick S. WERNER, County of Saginaw, Michigan County Board of Supervisors, 70th District Court County of Saginaw, Saginaw County Board of Commissioners, State of Michigan, Saginaw County Board of Auditors, Saginaw County Treasurers, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 28, 1985.


Attorney(s) appearing for the Case

Kim F. Bixenstine, argued, Cleveland, Ohio, for plaintiff-appellant.

Michael D. Thomas, Borrello, Thomas & Jensen, Peter Jensen, argued, Saginaw, Mich., for defendants-appellees.

Before EDWARDS and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


PER CURIAM.

Appellant appeals from the district court's dismissal of his 42 U.S.C. § 1983 action on the basis that his complaint failed to state a claim upon which relief could be granted. We affirm dismissal, but modify the district court's order, which shall be dismissal without prejudice to appellant's section 1983 claim.

On March 13, 1980, Willie Leon Hadley pleaded guilty but mentally ill to the Michigan criminal charge of assault with intent to...

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