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THOMAS v. EBY

No. 05-1203.

481 F.3d 434 (2007)

Jerald THOMAS, Plaintiff-Appellant, v. Unknown EBY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 30, 2007.

Attorney(s) appearing for the Case

ARGUED: David A. Carney, Baker & Hostetler, Cleveland, Ohio, for Appellant. Linda M. Olivieri, Office of the Attorney General, Lansing, Michigan, for Appellee.

ON BRIEF: David A. Carney, Thomas D. Warren, Baker & Hostetler, Cleveland, Ohio, for Appellant. Linda M. Olivieri, Office of the Attorney General, Lansing, Michigan, for Appellee. Jerald Thomas, Baraga, Michigan, pro se.

Before SILER, MOORE, and GILMAN, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Inmate Jerald Thomas filed this 42 U.S.C. § 1983 action alleging that a prison guard retaliated against him for exercising his First Amendment rights. The district court concluded that if Thomas won his case, the victory would shorten his period of custodial detention. Accordingly, the district court concluded that the habeas exception to § 1983 barred Thomas's complaint, which the district court dismissed...

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