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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT SOMJAI MURRELL, Plaintiff-Appellant, v. No. 01-6558 DARLENE BEST, Undercover Officer; UNNAMED POLICE OFFICER, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-01-209-2) Submitted: July 31, 2001 Decided: August 21, 2001 Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Remanded by unpublished per curiam opinion. COUNSEL Somjai Murrell, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 MURRELL v. BEST OPINION PER CURIAM: Somjai Murrell appeals the district court’s dismissal of his
42 U.S.C.A. § 1983(West Supp. 1999) complaint. The district court con- strued Murrell’s action as one for habeas corpus relief under
28 U.S.C.A. § 2254(West 1994 & Supp. 2000) after finding Murrell’s action, which alleges he was arrested without probable cause, chal- lenged the fact or duration of his incarceration. On appeal, however, Murrell argues that the incident that forms the basis of his § 1983 complaint is unconnected to his current incarceration. We have reviewed the record and the district court’s opinion and find the record before us is inadequate to evaluate the propriety of the district court’s action. Accordingly, we remand Murrell’s claim to the district court for further proceedings to ascertain if in fact Murrell’s allegations in this complaint amount to an attack on a conviction for which he was incarcerated. The record, as supplemented, will then be returned to this court for further proceedings. We dispense with oral argument because the facts and legal contentions are adequately pre- sented in the material before the court and argument would not aid the decisional process. REMANDED
Document Info
Docket Number: 01-6558
Citation Numbers: 16 F. App'x 272
Judges: Diana, Gribbon, Hamilton, King, Motz, Per Curiam
Filed Date: 8/21/2001
Precedential Status: Non-Precedential
Modified Date: 8/6/2023