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United States Fourth Circuit


BALLENGER v. OWENS, 02-7394

District court properly dismissed prisoner's section 1983 action against the officer who seized the cocaine that led to his conviction, as it amounts to no more than an unexhausted habeas corpus claim that collaterally attacks his conviction, which is not a cognizable role for section 1983.

Appellate Information

  • Decided 12/17/2003
  • Published 12/17/2003

Judges

  • Before NIEMEYER, WILLIAMS, and DUNCAN, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED: D. Thomas Wilson, Student, Community Legal Practice Center, Washington And Lee University School Of Law, Lexington, Virginia, for Appellant.  Andrew Frederick Lindemann, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Appellees.   ON BRIEF: C. Elizabeth Belmont, Community Legal Practice Center, Washington And Lee University School Of Law, Lexington, Virginia, for Appellant.  Frank L. Valenta, Jr., South Carolina Department Of Public Safety, Blythewood, South Carolina, for Appellees.
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