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127 F. App'x 677

Williams v. Stewart

U.S. Courts of Appeals

Decided May 10, 2005

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U.S. Courts of Appeals · decided 2005-05-10

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Vacated and remanded by unpublished per curiam opinion · Decided 2005-05-10

PER CURIAM:

¶1 Lee Robert Williams appeals the district court’s order dismissing as frivolous his 42 U.S.C. § 1983 (2000) action. The district court’s opinion concludes that Williams “has simply constructed a complaint and memorandum which includes page after page of legal terminology without any support of alleged facts, dates, and/or injury.” We have carefully reviewed the record and find that the factual allegations contained in paragraph (E) of the memorandum/affidavit supporting Williams’s complaint meet the minimum factual requirement of a § 1983 claim.

¶2 Accordingly, we vacate the district court’s order and remand for further proceedings. * We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶3 VACATED AND REMANDED

*

¶4 By this disposition, we indicate no view of the merits of Williams’s complaint or the nature of the proceedings that may be appropriate on remand.

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