James Luedtke v. David Berkebile

Filing

OPINION and JUDGMENT filed: The district court's dismissal of Luedtke's fourth claim is VACATED, the remainder of the district court's judgment is AFFIRMED, and the case is REMANDED for further proceedingss consistent with the opinion of this court. Luedtke's motion for the appointment of counsel [4673857-2] is DENIED. Decision for publication. Jeffrey S. Sutton (AUTHORING) and Bernice Bouie Donald, Circuit Judges; Peter C. Economus, U.S. District Judge for the Northern District of Ohio, sitting by designation.

Case: 12-5656

Document: 006111560641

Filed: 01/16/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 12-5656

FILED
Jan 16, 2013

JAMES D. LUEDTKE,
Petitioner - Appellant,

DEBORAH S. HUNT, Clerk

v.
DAVID BERKEBILE, Warden,
Respondent - Appellee.
Before: SUTTON and DONALD, Circuit Judges; ECONOMUS, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Kentucky at Pikeville.
THIS CAUSE was heard on the record from the district court and was submitted on the
briefs without oral argument.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s dismissal
of Luedtke’s fourth claim is VACATED, the remainder of the district court’s judgment is
AFFIRMED, and the case is REMANDED for further proceedings consistent with the opinion
of this court. IT IS FURTHER ORDERED that Luedtke’s motion for appointment of counsel
is DENIED.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk