Stephen Kenneth MacKey 040811 v. Mike Gonzalez, Jose Feletez and David Gilbert

Stephen Mackey seeks appointment of counsel to assist him in his appeal of the district court’s order dismissing his 42 U.S.C. § 1983 action for failure to exhaust state remedies. On review of the record, we are unable to determine whether this appeal can proceed to affirmance or reversal. Therefore, we pretermit action on Mackey’s motion, vacate the district court’s order and remand for clarification of the status of Mackey’s various petitions in state and federal court. 1

In his complaint, Mackey alleges, inter alia, that he was illegally arrested by Miami Police Officers Gonzalez and…