Manuel Nick Solsona, Jr. v. Warden, F.C.I.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
RANDALL, Circuit Judge:
Manuel N. Solsona appeals the district court’s dismissal of his complaint alleging a direct action under the Constitution for damages, see Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and seeking declaratory relief that his conviction is unconstitutional pursuant to 28 U.S.C. §§ 2201 and 2202. We conclude that because Solsona’s claim that he was denied counsel attacks the validity of his conviction and Solsona has failed to exhaust the post-conviction remedies provided under 28 U.S.C. § 2255,…
2Cases cited16 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- United States v. Juan A. FloresCourt of Appeals for the Fifth Circuit · 1980
- United States v. Frank Santora, Jr.Court of Appeals for the Fifth Circuit · 1983
- Ellis Gaspard and Opal Gaspard v. United States of America, Dennis Ronald Sheehan and Nellie Katherine Sheehan, Husband and Wife v. United StatesCourt of Appeals for the Fifth Circuit · 1983
- Alan James Spina v. C.L. Aaron, Etc.Court of Appeals for the Fifth Circuit · 1987
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- Warren v. MilesCourt of Appeals for the Fifth Circuit · 2000
- Lee v. WetzelCourt of Appeals for the Fifth Circuit · 2001
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