(DOWNLOAD) "Hufstetler v. Luna" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Hufstetler v. Luna
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 30, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Order BEFORE: KEITH, KENNEDY and CONTIE, Circuit Judges The plaintiff appeals the order dismissing his pro se civil rights action. He now moves for the appointment of counsel on appeal. That motion was referred to this panel pursuant to Rule 9(a), Rules of the Sixth Circuit. The plaintiff is a Tennessee inmate who was convicted by a jury in 1983 on various state charges stemming from the theft of an automobile. He filed this action asserting the defendants -- the state prosecutor, the trial court reporter, and the attorneys appointed to represent him at trial and on direct appeal -- all conspired with the state trial court to either alter or delete portions of the trial transcript so as to deny the plaintiff a fair appeal. He also claimed the state prosecutor initiated the criminal charges knowing them to be baseless. Although he sought damages, the magistrate concluded the disposition of the action ""would necessarily involve a determination by this Court that the state conviction process was illegal."" Based upon this Court's decision in Hadley v. Werner, 753 F.2d 514 (6th Cir. 1985) (per curiam), the magistrate recommended that plaintiff's action be dismissed without prejudice to refiling ""if and when he establishes, through a petition for writ of habeas corpus, that his conviction and appeal were illegal."" The plaintiff objected to that recommendation, but the district court adopted the report and dismissed the action without prejudice. This timely appeal followed.