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ARVIE v. LASTRAPES

No. 95-30967.

106 F.3d 1230 (1997)

Hubert ARVIE, Plaintiff-Appellant, v. Dorasel LASTRAPES, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 25, 1997.

Attorney(s) appearing for the Case

Hubert Arvie, Cottonport, LA, pro se.

Before HIGGINBOTHAM, SMITH and BARKSDALE, Circuit Judges.

PER CURIAM:

Hubert Arvie, Louisiana state prisoner # 122010, pro se and in forma pauperis, appeals the dismissal of his 42 U.S.C. § 1983 action. The case is back in our court following a remand to the district court for the limited purpose of determining whether Arvie's notice of appeal was timely filed.

At issue are whether the district court (1) clearly erred in finding that the notice of appeal was timely; (2) erred by dismissing Arvie...

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