BILISKI v. HARBORTH

No. 94-50072.

55 F.3d 160 (1995)

Kenneth C. BILISKI, Plaintiff-Appellant, v. Melvin HARBORTH, Sheriff, Guadalupe County and James A. Collins, Director TDC., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 13, 1995.


Attorney(s) appearing for the Case

George W. Lang, II (Court-Appointed — not under the Act), Houston, TX, for appellant.

Mary T. Mishtal, Davidson, Troilo & Booth, San Antonio, TX, for M. Harborth.

Sharon Felfe, Asst. Atty. Gen., Austin, TX, for Collins.

Before KING and JONES, Circuit Judges, and LAKE, District Judge.


PER CURIAM:

Kenneth Bilski1 appeals the dismissal of his complaint against Melvin Harborth, the Sheriff of Guadalupe County, and James A. Collins, Director of the Texas Department of Criminal Justice (TDCJ), under 42 U.S.C. § 1983, alleging that he has been improperly housed at the Guadalupe County jail instead of within the TDCJ. The Sheriff filed a motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b...

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