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.

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Case: 12-5656 Document: 006111560642 Filed: 01/16/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: January 16, 2013 Mr. James D. Luedtke U.S.P. Big Sandy P.O. Box 2068 Inez, KY 41224 Re: Case No. 12-5656, James Luedtke v. David Berkebile Originating Case No. : 7:12-cv-00044 Dear Mr. Luedtke, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Mr. Robert R. Carr Enclosures Mandate to issue.

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