Shapley v. Green

Fifth Circuit Court of Appeals

Decided Sept. 5, 1972.

Fifth Circuit Court of Appeals · decided 1972-09-05

Cited by 1 later decisions — most recently September 1972

1 federal appellate ·

2 counsel of record

Applies 42 U.S.C. § 1981 (Civil Rights Act of 1866)

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1972-09-05

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¶1Summary Calendar.*

¶2Billy R. Shapley, pro se.

¶3Herbert Green, Jr., pro se.

¶4Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

¶6PER CURIAM:

¶7This appeal is by a Texas state prisoner from an order of the District Court which dismissed his complaint for lack of jurisdiction. We affirm.

¶8Appellant sought to maintain this action against an attorney who was appointed by the state court to represent him on direct appeal from a state criminal conviction. He alleges deprivation of his civil rights in the failure of counsel to provide him with certain records and to properly represent him. The District Court correctly dismissed the complaint for lack of jurisdiction. Defendant is obviously not amenable to suit under 42 U.S.C. §§ 1981, 1983.

¶9Affirmed.