RHODES v. HANNIGAN

No. 93-3127.

12 F.3d 989 (1993)

Ronald Lee RHODES, Plaintiff Appellant, v. Robert D. HANNIGAN; G.B. Whittington, Defendants Appellees.

United States Court of Appeals, Tenth Circuit.

December 21, 1993.


Attorney(s) appearing for the Case

Ronald Lee Rhodes, pro se.

Robert T. Stephan, Atty. Gen., John J. Knoll, Asst. Atty. Gen., Topeka, KS, for defendants-appellees.

Before ANDERSON and EBEL, Circuit Judges, and WINDER, District Judge.


EBEL, Circuit Judge.

Plaintiff-appellant Ronald Lee Rhodes appeals the district court's dismissal of his civil rights action, brought pursuant to 42 U.S.C. § 1983. Because the district court erred in finding Mr. Rhodes' § 1983 action precluded by his previous state habeas corpus action, we reverse and remand for further proceedings.1

In December 1989, Mr. Rhodes was incarcerated at the Hutchinson Correctional Facility...

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