Junior Wilnon Byrd v. Larry Stewart, So. Cid, Thomas County, Georgia, Lenord Harris, Deputy Sheriff, Madison County, Florida

This court sua sponte vacates and withdraws its previous opinion in this case, published at 803 F.2d 1168. In its place, the following opinion is substituted:

Byrd, appearing pro se, brought this suit based upon the following allegation:

On June 21, 1985, Larry Stewart, accompanied by Lenord Harris did make their entrance into the premises of 133 Barnes Street, Thomasville, Georgia, by breaking the house door lock and the door lock of the utility house behind the house without plaintiff or R.L. Simmons who had full control and consent. They then and there take plaintiff’s personal properties,…