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MILLS v. CRIMINAL DIST. COURT NO. 3

No. 87-1795 Summary Calendar.

837 F.2d 677 (1988)

Fred Douglas MILLS, Plaintiff-Appellant, v. CRIMINAL DISTRICT COURT # 3, Hon. Gary Stephens, and Lee Ann Breading, District Attorney, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 2, 1988.

Attorney(s) appearing for the Case

Fred D. Mills, pro se.

Before REAVLEY, KING and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Fred Douglas Mills, filing pro se, appeals the district court's dismissal of his section 1983 claim against the prosecutor, his court appointed defense attorney and state court judge where he was tried and convicted for aggravated robbery. Although we affirm the dismissal of the complaint, we remand to allow the district court to modify the judgment to provide that the dismissal is without prejudice as to Stephens, the defendant...

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