Legal Opinion

Bilal Muhammad Ali v. Max Higgs

Court of Appeals for the Fifth Circuit

Decided January 25, 1990No. 89-1981PublishedCited by 274 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

The plaintiff, Bilal Muhammad Ali, appeals from the district court’s dismissal without prejudice, under 28 U.S.C. § 1915(d), of his civil rights complaint filed in forma pauperis and pursuant to 42 U.S.C. § 1983. For reasons different from those relied upon by the district court, we affirm the dismissal but modify it so that it is a dismissal with prejudice.

The instant complaint was filed in 1989 and concerns events related to a 1982 arrest. The district court dismissed on the ground that since Ali was still in custody for a conviction arising out of that arrest,…

2Cases cited5 opinions

  1. Owens v. OkureSupreme Court of the United States · 1989
  2. Isiah Carl Green v. Dan v. McKaskle Acting Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1986
  3. Ellis D. Burrell v. Jimmy Newsome, Chief of Police, Port Arthur Police Dept.Court of Appeals for the Fifth Circuit · 1989
  4. Fmc Finance Corporation v. Albert D. Murphree, Jr. And Dorothy E. MurphreeCourt of Appeals for the Fifth Circuit · 1980
  5. Ali v. PennockCourt of Appeals for the Fifth Circuit · 1989

3Cited by274 opinions

  1. Brewster v. DretkeCourt of Appeals for the Fifth Circuit · 2009
  2. Moore v. McDonaldCourt of Appeals for the Fifth Circuit · 1994
  3. Raymundo R. Mendoza v. James A. Lynaugh, Director, Texas Department of Criminal JusticeCourt of Appeals for the Fifth Circuit · 1993
  4. Harris v. HegmannCourt of Appeals for the Fifth Circuit · 1999
  5. Gonzales v. WyattCourt of Appeals for the Fifth Circuit · 1998

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