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HERRERA v. HARKINS

No. 91-6176.

949 F.2d 1096 (1991)

Jorge Mario HERRERA, Plaintiff-Appellant, v. Clarence HARKINS, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 26, 1991.

Attorney(s) appearing for the Case

Submitted on Plaintiff-Appellant's brief and the record.*

Jorge Mario Herrera, pro se.

Before McKAY, Chief Judge, and SEYMOUR and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Appellant Herrera appeals the district court's dismissal of his complaint filed pursuant to 42 U.S.C. § 1983. The district court ruled that because the appellant primarily challenged the fact or duration of his imprisonment, his only remedy was to seek a writ of habeas corpus pursuant to 28 U.S.C. § 2254. As explained below, we construe the appellant's complaint to be partially an attack on...

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