Hamrick v. Norton, No. 508-70.
| Decision Date | 28 January 1971 |
| Docket Number | No. 508-70. |
| Citation | 436 F.2d 940 |
| Parties | Arthur L. HAMRICK, Appellant, v. Mr. Frank C. NORTON, Attorney, Betty J. Just, Clerk, District Courthouse, Saline County, Kansas, Appellees. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Arthur L. Hamrick, pro se.
Before LEWIS, Chief Judge, BREITENSTEIN and McWILLIAMS, Circuit Judges.
Upon docketing in this court, Hamrick was informed that we were going to consider summary affirmance of the judgment of the district court. He has taken the opportunity afforded him to oppose such disposition in a memorandum addressing the underlying merits.
A thorough examination of the files and records in this cause at this time convinces us that the judgment of the district court was correct in result and should be affirmed. See 322 F.Supp. 424 (D.C.Kan.1970). Additionally, the Civil Rights Act cannot be used by a state prisoner to circumvent the requirement of 28 U.S.C. § 2254 that state remedies must be exhausted. Smartt v. Avery, 411 F.2d 408 (6th Cir. 1969). See also Denney v. State of Kansas, 436 F.2d 587 (10th Cir. 1971).
Affirmed.
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...and therefore are not cognizable under 42 U.S.C. § 1983, citing Hamrick v. Norton, 322 F.Supp. 424, 426 (D.C. Kan. 1970), aff'd, 436 F.2d 940 (10th Cir. 1971). In Hamrick, a court clerk allegedly failed to send plaintiff a certified notice of appeal with proof of service and failed to forwa......
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State of Louisiana ex rel. Purkey v. Ciolino
...the conduct complained of was engaged in under color of state law. Hamrick v. Norton, 322 F.Supp. 424 (D.C.Kan.1970), aff'd., 436 F.2d 940 (10th Cir. 1971). "Private attorneys do not act under color of state law even though they may be appointed by the state . . ." Hamrick v. Norton, supra ......
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Phillips v. Fisher
...675 (S.D.Ohio 1974); Dreyer v. Jalet, 349 F.Supp. 452 (S.D.Tex.1972); Hamrick v. Norton, 322 F.Supp. 424 (D.Kan.1970), aff'd 436 F.2d 940 (10th Cir. 1971). In their responsive brief, plaintiffs assert that "the jurisdictional statute (§ 1343) is to be given as broad and extensive an applica......
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State v. Burnett, 48462
...395 U.S. 458, 459, 89 S.Ct. 1818, 1819, 23 L.Ed.2d 440; accord, Hamrick v. Norton, 322 F.Supp. 424, 425 (D.Kan.1970), aff'd. 436 F.2d 940 (10th Cir. 1971). The distinction between the state and the accused is not unreasoned. It serves a valid and legitimate public purpose to permit the stat......