Legal Opinion

Arthur L. Hamrick v. Mr. Frank C. Norton, Attorney, Betty J. Just, Clerk, District Courthouse, Saline County, Kansas

Court of Appeals for the Tenth Circuit

Decided January 28, 1971No. 508-70_1PublishedCited by 6 opinions

1Per curiam

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 op pose 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…

2Cases cited3 opinions

  1. Roy Lee Smartt v. Harry S. Avery, Commissioner of Corrections and C. Murray Henderson, Warden, Tennessee State PenitentiaryCourt of Appeals for the Sixth Circuit · 1969
  2. Hamrick v. NortonDistrict Court, D. Kansas · 1970
  3. William Glenn Denney v. State of Kansas, Its Agent, Sheriff Dayton Evans, Cherokee County, Columbus, KansasCourt of Appeals for the Tenth Circuit · 1971

3Cited by6 opinions

  1. State v. BurnettSupreme Court of Kansas · 1977
  2. Marty's Adult World of New Britain, Inc. v. GuidaDistrict Court, D. Connecticut · 1978
  3. State of Louisiana Ex Rel. Purkey v. CiolinoDistrict Court, E.D. Louisiana · 1975
  4. Kennedy v. AndersonDistrict Court, E.D. Oklahoma · 1974
  5. Phillips v. FisherDistrict Court, D. Kansas · 1977

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