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MAGLUTA v. SAMPLES

No. 97-8417.

162 F.3d 662 (1998)

Salvador MAGLUTA, Petitioner-Appellant, v. F.P. Sam SAMPLES, Michael W. Garrett, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 10, 1998.

Attorney(s) appearing for the Case

Jay L. Strongwater, Strongwater & Cherniak, Atlanta, GA, Neil M. Schuster, Jennifer Y. Schuster, South Beach, FL, for Petitioner-Appellant.

Amy Weil, Asst. U.S. Atty., Atlanta, GA, Barbara C. Biddle, Maria Simon, U.S. Dept. of Justice, Civil Div., Appellate, Washington, DC, for Respondents-Appellees.

Before BIRCH and BARKETT, Circuit Judges, and HANCOCK, Senior District Judge.

PER CURIAM:

Magluta appeals the district court's dismissal of his Bivens action under the fugitive disentitlement doctrine. Because we find no nexus between Magluta's fugitive status and his civil action, we conclude that the district court abused its discretion in dismissing Magluta's complaint on that basis.

I. Factual and Procedural History

In April 1991, a grand jury in the Southern District of Florida indicted Salvador Magluta on twenty-four...

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